The urgency of our times demands that a presidential power not utilized in 75 years be asserted and for President Joe Biden to call the U.S. Congress back from its latest two-week recess for an emergency session to consider and pass a range of bills that are needed immediately.
The consequences of GOP Congressional irresponsibility, inaction and dysfunction are too high to accept any longer. The list of Congressional “no response” answers to urgent policy issues now includes:
- “No” to continued U.S. aid to Ukraine when the consequence will be the fall of Ukraine to Russia and ensuing European insecurity;
- “No” as well to urgent U.S. aid to Israel;
- “No” to a bipartisan immigration bill when the border is in crisis by everyone’s agreement;
- “No” to appropriations bills for FY 2024 even though FY 2024 is almost half over, meaning that Congress is not legislating in any way on federal spending — not to increase it or decrease it or alter it in any way;
- “No” even to temporary funding, known as a Continuing Resolution, when the result is yet another impending federal government shutdown.
The record of non-accomplishment by the current 118th Congress is at a historic level, with fewer than 40 bills passed over the last 14 months. Even the so-called “Do-Nothing Congress” that President Harry Truman lambasted passed more than 900 bills — 30 times the number of the current Congress.
Expecting Congress to pass bills into law and respond to the most urgent public policy needs is not being partisan. There obviously is lots of room for different policy positions. But there is no room for total inaction when problems — such as national security, immigration and government funding — are in crisis. Congress’ latest two-week recess, even with its long list of undone work, should be the last straw. Congress needs to step up and compromise to whatever extent is necessary to achieve some results.
But Congress has failed to do that or to pass any meaningful legislation in response to the current urgency and crises. So now it is up to President Biden to act.
The U.S. Constitution in Article II, Section 3, states that the president “may, on extraordinary Occasions, convene both Houses (of Congress), or either of them.” The provision has not been utilized since July 1948 when President Harry Truman, attacking what he called “the Do Nothing Congress,” called the 80th Congress back into emergency session in a dramatic speech at the Democratic National Convention as he accepted the presidential nomination even as he was running over 30 percent behind Republican candidate Thomas Dewey in the polls. Truman went on to win the 1948 presidential election.
While some in today’s Do Nothing Congress would not be happy if they were summoned back to work, many of its members would be quick to return to Washington. The way it likely would unfold is that all of the Democrats would return, comprising almost the majority needed for a quorum to do business. Then just a couple of Republicans, perhaps from the 18 congressional districts that Biden won in 2020 or perhaps other moderate Republicans, would constitute the needed quorum.
The U.S. Congress of 2024 is consumed by hyper-partisanship, endless conflict and continual public pandering — and the resulting inaction and dysfunction. Legislating, even in the face of crisis upon crisis, appears to be of no concern to them.
The founding design for the presidency, even as a limited and accountable office, was to have the capacity to represent the nation as a whole and to lead, especially in times of great need.
Now is just such an urgent time. President Biden needs to meet this challenge, fill the breach that congressional irresponsibility, inaction, dysfunction have created, and call Congress back to work in a special emergency session to act on behalf of the nation’s urgent interests.
Dr. Michael J. Goff (mjgoff@gwu.edu) is president and CEO of the bipartisan Northeast-Midwest Institute in Washington, D.C., and teaches courses on the U.S. Congress and the Presidency at The George Washington University.
