Gridlock, Bureaucratic Control, and Nonstatutory Policymaking in Congress

Abstract

AbstractIncreasing ideological polarization and dysfunction in Congress raise questions about whether and how Congress remains capable of constraining the activities of other actors in the separation of powers system. In this article, I argue Congress uses nonstatutory policymaking tools to overcome the burdens of legislative gridlock in an increasingly polarized time to constrain executive branch actors. I leverage a new data set of committee reports issued by the House and Senate appropriations committees from fiscal years 1923 through 2019 to empirically explore these dynamics and evaluate my argument. Traditionally, these reports are a primary vehicle through which Congress directs agency policymaking in the appropriations process. Committees increasingly turn to them when passing legislation is most difficult and interbranch agency problems are most pronounced. In this way, nonstatutory mechanisms may help maintain the balance of power across branches, even when Congress faces gridlock‐induced incapacity.