Utah Law Review Volume 2014 | Number 4 Article 1 8-2014 Is Congress Now the Broken Branch? Barbara Sinclair University of California, Los Angeles Follow this and additional works at: https://dc.law.utah.edu/ulr Part of the Legislation Commons, and the State and Local Government Law Commons Recommended Citation Sinclair, Barbara (2014) "Is Congress Now the Broken Branch?," Utah Law Review: Vol. 2014 : No. 4 , Article 1. Available at: https://dc.law.utah.edu/ulr/vol2014/iss4/1 This Article is brought to you for free and open access by Utah Law Digital Commons. It has been accepted for inclusion in Utah Law Review by an authorized editor of Utah Law Digital Commons. For more information, please contact
[email protected]. IS CONGRESS NOW THE BROKEN BRANCH? Barbara Sinclair∗ INTRODUCTION The Broken Branch: How Congress is Failing America and How to Get It Back on Track by Tom Mann and Norm Ornstein was published in 2006. To be sure, criticism of Congress is a staple of American political discourse—the content varies, but the criticism is ubiquitous. Nevertheless, the volume of criticism has ramped up in the past decade or so, and the fact that two highly respected congressional scholars, Thomas Mann and Norman Ornstein—who are also Washington insiders and known to be sympathetic to Congress—have joined in the criticism needs to be taken seriously. The most frequent criticism in the mid-2000s was that Congress was “uncivil, . too partisan, . gridlocked, . produce[d] earmarks—‘bridges to nowhere’—but not broad legislation in the public