The Shadow
The U.S. Constitution outlines three branches of government.
Article I concerns the functions and duties of the Legislative Branch.
The Constitution provides for Congress to lay and collect taxes, raise and support Armies and make laws, among other powers.
Then comes Article II. An Executive Branch is responsible for enforcing the laws.
Taking the mantle of Executive power is the President. The President serves as Commander in Chief of the U.S. military, makes treaties and controls appointments to the Executive.
Article III details the role of a Judicial Branch.
This section establishes a U.S. Supreme Court and a robust legal system. This system reviews potential Constitutional conflicts that arise from legal and government actions.
These three Articles are foundational pillars of our government.
However, over time the lines of government functions have blurred between the Executive and Legislative Branches.
For example, I have worked in Congress to deliver clarity on the Office of the U.S. Trade Representative (USTR).
The Constitution reserves for Congress the powers to impose tariffs on imported goods and regulate commerce with foreign countries.
Yet, over several generations, Congress has delegated control of trade policy to the President by allowing the Executive Branch to impose tariffs if certain trade conditions, as defined by Congress, are met.
In the 1960s and 1970s, Congress passed laws to establish a USTR and expand that office’s responsibilities.
As a result, every president since President Kennedy has appointed someone to lead the USTR office.
This discrepancy in U.S. trade policy leadership has created confusion between the Executive and Legislative Branches.
Article I, Section 8 says Congress has the authority “to regulate commerce with the foreign nations…” As someone who believes Congress should exercise its authority granted by the Constitution, this USTR dynamic needs correction.
For multiple Congresses, under presidents of both parties, I have written and introduced a bill that would redesignate the USTR office as a function of the Legislative Branch, not the Executive Branch.
This year, I am also the leader of another bill that designates certain government officers and addresses other constitutional inconsistencies.
My bill, H.R. 6028, the Legislative Branch Agencies Clarification Act, affects the government offices of the Library of Congress, Government Publishing Office (GPO) and U.S. Copyright Office.
Respectively, the three leaders of these offices are the Librarian of Congress, the GPO Director and the Register of Copyrights.
Each of these officers serve as valuable resources to their institutions, Congress and the American people.
However, control over these officials has been an issue of contention.
In the cases of the Librarian and GPO Director, these officers are directly responsive and accountable to the needs of the Legislative Branch. They lead agencies that preserve wide varieties of documents, promote legislative access and support other legislative functions.
Meanwhile, the job that the Register of the Copyrights Office does properly belongs with the Executive Branch.
Despite this fact, the president has had the power to appoint the Librarian as well as the GPO Director.
My bill establishes a new Congressional appointment framework for the Librarian of Congress and GPO Director.
This framework is very similar to the appointment process for the Architect of the Capitol, which is another legislative agency that tends to the affairs of Congress.
Meanwhile, the Register of the Copyright Office is subject to a different process.
Under the current process, the Librarian appoints the Register.
Nonetheless, the Register performs many Executive-like functions, as their Office plays a key role in the administration of copyright registrations.
My bill sets forth a new appointment process for the Register. With the advice and consent of the U.S. Senate, the President will rightfully appoint this official.
I believe that because of the help in drafting the final language from the Trump Administration, Republican Chairman Bryan Steil and Democratic Ranking Member Joe Morelle of the Committee on House Administration, and former Virginia Congressman Bob Goodlatte, this bill is a great example of collaborative legislative action which restores the historic balance between the two Branches.
The House passed the bill without objection in June.
I am hopeful the Senate does the same to deliver the bill to President Trump’s desk.
These may seem like small steps, but they show that Congress is willing to address constitutional inconsistencies and reassert its Article I responsibilities.
That said, I will continue to push legislation that helps the Legislative Branch serve the American people as set forth in the Constitution.
If you have questions, concerns, or comments, feel free to contact my office. You can call my Abingdon office at 276-525-1405 or my Christiansburg office at 540-381-5671. To reach my office via email, please visit my website at https://morgangriffith.house.gov/.
