9.4 The Decline of Legislative Influence

Legislative influence is waning in modern politics. Executive power, judicial activism, and interest groups increasingly overshadow lawmakers. Meanwhile, media scrutiny and public disillusionment chip away at legislative authority.

Party polarization exacerbates these challenges. As the ideological divide widens, gridlock ensues and democratic norms erode. Different legislative systems face unique hurdles, from party discipline in parliamentary systems to divided government in presidential ones.

Factors Contributing to the Decline of Legislative Influence

Analyze key factors contributing to the decline of legislative influence in modern political systems

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• Rise of executive power leads to expansion of executive agencies and bureaucracy (Department of Homeland Security), increased use of executive orders and directives (President Obama's DACA order), and centralization of decision-making in the executive branch eroding legislative authority
• Growth of judicial power involves judicial review and interpretation of laws (Supreme Court's Roe v. Wade decision), courts striking down legislation as unconstitutional, and judicial activism and policy-making from the bench (Citizens United ruling on campaign finance) overshadowing legislative role
• Influence of interest groups and lobbying means well-funded interest groups (NRA, AARP) shaping legislation to their advantage, lobbying efforts overshadowing constituent interests, and revolving door between legislators and lobbyists blurring lines between public service and private gain
• Media and public opinion pressures include increased media scrutiny of legislative actions, public disillusionment with legislative gridlock and ineffectiveness (low Congressional approval ratings), and populist movements (Tea Party, Occupy Wall Street) bypassing traditional legislative channels to push agendas
• Legislative oversight weakened as executive agencies become more complex and specialized, making it difficult for legislators to effectively monitor and control their activities

Party polarization's impact on legislatures

Explain how party polarization impacts legislative effectiveness and decision-making processes

• Ideological divide between parties widens gap between liberal and conservative ideologies (progressive Democrats vs conservative Republicans), decreases willingness to compromise or find common ground, and prioritizes partisan loyalty over bipartisan cooperation hindering legislative progress
• Gridlock and stalemate result from difficulty in passing legislation due to polarized voting along party lines, filibustering and other delaying tactics used by minority party (Senator Ted Cruz's 21-hour filibuster), and government shutdowns (2013, 2018-19) and budget crises resulting from partisan impasses
• Erosion of democratic norms occurs as traditional rules and procedures are disregarded, hardball tactics and brinksmanship (debt ceiling standoffs) become commonplace, and trust and civility among legislators diminish making consensus-building challenging
• Partisan politics intensifies as legislators prioritize party agendas over national interests, leading to increased obstructionism and decreased cooperation across party lines

Parliamentary vs presidential legislative challenges

Compare challenges faced by different types of legislatures, such as parliamentary and presidential systems

• Parliamentary systems face challenges from:

1. Fusion of executive and legislative branches where prime minister and cabinet are drawn from parliament and vote of no confidence can dissolve government (Theresa May's Brexit struggles)
2. Party discipline and cohesion pressures MPs to vote along party lines and rebellious MPs can face consequences like removal from party weakening individual legislator influence

• Presidential systems encounter issues with:

1. Separation of powers between branches as president and legislature are independently elected and checks and balances aim to prevent overreach by either branch but can lead to conflict
2. Divided government and cohabitation when president and legislature are from different parties increases potential for gridlock and conflict (Obama vs Republican Congress)
3. Lack of accountability mechanisms as no confidence votes or snap elections can remove president and impeachment process is rarely used (only Andrew Johnson and Bill Clinton) and politically fraught

Constitutional Framework and Legislative Power

Examine how constitutional structures impact legislative authority and adaptability

• Separation of powers doctrine distributes authority among branches, limiting legislative dominance but also creating potential for inter-branch conflicts
• Checks and balances system allows each branch to limit others' power, but can lead to gridlock when branches are at odds
• Constitutional amendments provide a mechanism for updating legislative powers, but the difficulty of the amendment process can lead to legislative stagnation in rapidly changing times