Democrats won congress and now make power answerable

By Fransiscus Nanga Roka

Democrats should write safeguards they would accept under a Democratic president: enforceable disclosure rules, protected inspectors general and clear limits on emergency spending. Otherwise, their objection is merely to who holds unchecked power.

American voters have given Democrats a much greater challenge than just winning an election – to hold the president accountable for the use of his/her power

On November 3, Democrats took over as the majority party in both houses of Congress. At least 54 members of the U.S. Senate were reported by the Associated Press to have been elected on November 5. The election results are very clear. However, while the victory speeches may be disciplined, the constitutional implications of this outcome will require a greater degree of discipline than what was displayed in the victory speeches.

The newly elected majority needs to unite behind a single goal – to expose abuse, prevent it from being funded, and provide tangible support for families.

The process of beginning with honesty regarding the timeframe is what we will be doing first. The next term of Congress is scheduled to begin on January 3, 2027. Republicans are expected to maintain their majority status through that date. Therefore, it would be appropriate for Democratic leaders to request the preservation of agency records as well as create narrowly defined investigation requests and review year-end funding discussions. An election win does not automatically produce a subpoena.

Nor does this strip away the president’s ability to act. Donald Trump continues to possess the power of veto. Most of the contested bills that come before the Senate require 60 votes to overcome debates on whether or not to continue debating them. While the Democrats may have some say over nominations, they cannot use their legislative majority to create all of the policies that make up their platform. To describe Donald Trump as powerless would be to give people false hope and downplay the executive authority that he still possesses.

Oversight should produce data that will stand up to the test of the public eye beyond the Democratic Party.

The two leading Democrats in Congress, House Democratic Leader Hakeem Jeffries and Senate Democratic Leader Chuck Schumer, should create an investigative strategy that is coordinated among committees on federal contracting, immigration enforcement and potential conflicts of interest for the President. Each committee should develop and make available to the public its standard for evidence; distinguish between allegations and findings; and provide witnesses with a reasonable opportunity to reply. Investigations should trace decisions and actions taken by agencies; then explain the results of those actions in reports that are made available to the public and identify which agency authorized the decision/action, and what legislative remedies may be needed.

It’s easy to dismiss televised outrage. However, a documented chain of responsibility makes it difficult to ignore.

Congress should request detailed accounts of where the money was spent, why the action is legal, and what we want to achieve strategically when we authorize additional funding for war in Iran. When Congress approves funding, there should be clear limitations on how the money can be used, reporting requirements that have specific dates for submission, and protections to prevent money from being moved around those restrictions. Congress should also restrict escalating the conflict, but at the same time protect our military personnel and our humanitarian aid efforts.

The President has no authority to use the national treasury as a general authorization to go to war.

Democrats must also resist turning impeachment into their opening campaign slogan. The House can impeach by a simple majority; Senate conviction requires two-thirds of members present. Serious evidence of impeachable misconduct must be pursued. But promising removal without the necessary votes confuses accountability with political theater.

The strongest answer to executive excess is a Congress that can investigate fairly and govern competently.

That means pairing hearings with a focused affordability agenda: prescription-drug costs, health coverage and transparent scrutiny of policies that raise household expenses. Leaders should publish a first-100-days calendar and report which measures passed, which stalled and who blocked them. Where Republican votes are necessary, seek them publicly. Where Trump vetoes a defensible proposal, make him explain the choice.

Democrats should write safeguards they would accept under a Democratic president: enforceable disclosure rules, protected inspectors general and clear limits on emergency spending. Otherwise, their objection is merely to who holds unchecked power.

The election changed who will control Congress. It did not finish the work of constitutional government.

Voters have supplied the majority. Democrats must now supply the restraint, evidence and results that make that majority worth having.

Fransiscus Nanga Roka is of the Faculty of Law University 17 August 1945 Surabaya and Managing Partner Law Firm Victorious Indonesia