What U.S. legislators do when they can't pass laws

The 118th Congress passed fewer than 30 new laws in 2023, the least in decades. But that doesn't necessarily mean U.S. representatives weren't finding other ways to get things done.

In a recent book, political scientist Melinda Ritchie uses newly uncovered data to explore how lawmakers work through federal agencies to accomplish their goals - without the necessity of passing laws.

"The civics textbook version of how things get done in Congress is increasingly out of date," said Ritchie, assistant professor of political science at The Ohio State University.

Melinda Ritchie"We learn in school that Congress passes laws and federal agencies implement them. But passing laws is so hard to do, especially now, and legislators have found other tools to represent their constituencies and influence policy."

Ritchie is author of the book Backdoor Lawmaking: Evading Obstacles in the U.S. Congress.

Backdoor lawmaking takes advantage of the fact that federal agencies often have a great deal of discretion on how they implement policies, Ritchie said.

Lawmakers use informal channels of communication with leaders of agencies to request that they make specific policy changes, often ones that could not be implemented through the legislative process.

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