Congress Must Uphold Fact-Based Representation, Experts Say

Presidents' Day is a reminder of Congress's critical role in the founding of the nation and its duty to check the executive branch.

Published on Feb. 17, 2026

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As the U.S. celebrates the 250th anniversary of the Declaration of Independence in 2026, experts argue that the power of Congress, not just the presidency, should be recognized. Congress issued the Declaration, founded the country, and ran it until the Constitution was ratified. To preserve the promise of representation, Congress must demand fact-based policies and oversight the executive branch's implementation of laws.

Why it matters

The American Revolution was a reaction against the tyranny that results when one person holds too much power. To counter this, the Founders established a system of checks and balances, with Congress as a critical check on the executive branch. Ensuring Congress fulfills this role is essential to upholding the democratic principles the country was founded upon.

The details

Congress recently enacted an appropriations law that reverses many Trump administration policies, demonstrating Congress's power to counter autocratic tendencies. However, Congress must now demand information to ensure the law is faithfully executed. The Trump administration has repeatedly refused to share information with Congress, but Congress has tools to force compliance, such as docking pay or denying funds to agencies that obstruct inquiries.

  • The 250th anniversary of the signing of the Declaration of Independence will be celebrated in 2026.
  • Congress recently enacted an appropriations law for the remainder of fiscal year 2026.

The players

Jim Townsend

Director of the Carl Levin Center for Oversight and Democracy, based at Wayne State University Law School.

Kevin Stack

Vanderbilt law professor.

Michael Vandenbergh

Vanderbilt law professor.

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What they’re saying

“If Americans want to preserve that promise, we must demand fact-based representation from the people we elect to serve us in Congress. And we must demand that Congress fulfill its responsibility under the Constitution to act as a check on the executive branch and against the return of encroaching autocracy.”

— Jim Townsend, Director, Carl Levin Center for Oversight and Democracy (The Hill)

“Now Congress must demand information to ensure that President Trump and his administration — as Article II, Section 3 of the Constitution commands — 'take Care that the Laws be faithfully executed.' That is a solemn charge. It can only happen if Republicans and Democrats in Congress bring even greater unity and tenacity to overseeing the budget law's implementation than they have shown in other cases, such as demanding transparency regarding the Jeffrey Epstein files.”

— Jim Townsend, Director, Carl Levin Center for Oversight and Democracy (The Hill)

What’s next

Congress will have the opportunity to demand information about the administration's adherence to the fiscal 2026 appropriations law during upcoming budget and appropriations committee hearings.

The takeaway

Preserving the promise of representative democracy requires Congress to fulfill its constitutional duty as a check on the executive branch and demand fact-based policies and oversight of the administration's implementation of laws.