The 119th Congress has passed the fewest major bills into law in decades, according to legislative records and independent tracking of congressional activity. The development comes as President Trump has issued 256 executive orders since taking office — more than any president early in his term since Franklin Roosevelt — and declared 10 national emergencies to justify actions that would ordinarily require congressional approval.
The combination of diminished legislative output and expanded executive action has drawn scrutiny from government watchdogs, former constitutional scholars, and members of both parties who argue the balance of power in Washington has shifted dramatically toward the White House.
What the Left Is Saying
Senate Minority Leader Chuck Schumer (D-N.Y.) argued that Congress has abandoned its constitutional duty to serve as a check on executive overreach. "When you have 256 executive orders before Memorial Day, that's not governing — it's rule by decree," Schumer said in floor remarks. "Congress was designed to be the most powerful branch because it is closest to the people. What we're seeing is an institutional collapse."
Progressive advocacy groups have echoed those concerns. MoveOn's political director, Dr. Usha Raha, wrote in a statement that the administration's use of emergency powers to impose sweeping tariffs "bypasses every democratic safeguard our Founders built into the system." She pointed specifically to the Supreme Court's finding that Trump's initial tariff scheme relied on an unconstitutional interpretation of the International Emergency Economic Powers Act.
Democrats have also highlighted the human cost of congressional inaction. Rep. Barbara Lee (D-Calif.) noted that during the 43-day government shutdown — the longest in U.S. history — more than 600,000 federal employees were furloughed and 1 million worked without pay while tens of millions of Americans did not receive food assistance benefits they depend on.
The Congressional Progressive Caucus has called for votes on legislation to restore congressional authority over tariffs and protect civil service workers from political reclassification.
What the Right Is Saying
House Speaker Mike Johnson (R-La.) defended the Congress's record, pointing to passage of the One Big Beautiful Bill Act as a major legislative achievement. "We delivered historic tax relief for working Americans and small businesses while controlling spending," Johnson said at a press conference. "That's exactly what we promised the voters we'd do."
Senate Majority Leader John Thune (R-S.D.) argued that Congress is effectively advancing Trump's agenda through appropriations and oversight rather than traditional legislation. "The American people elected unified government, and we're delivering results," Thune said in an interview with Fox News. "Executive orders are a legitimate tool presidents of both parties have used. The difference is President Trump is actually using them to keep his promises."
Conservative commentators have framed the shift as efficient governance. The Heritage Foundation's visiting fellow for constitutional studies argued that Congress retains its power of the purse and confirmation authority while allowing the executive branch flexibility in implementation. "Separation of powers still exists," she wrote in a recent analysis. "Congress can always pass legislation to undo an executive action if it has the votes."
House Freedom Caucus Chairman Andy Harris (R-Md.) dismissed Democratic criticism as politically motivated. "They don't complain when Democratic presidents use executive authority — they only object now because they're losing," Harris said.
What the Numbers Show
The productivity gap is stark by historical comparison: The 119th Congress signed just 38 bills into law in 2025, the lowest number recorded for a first year of any presidency in decades. By contrast, the 80th Congress — famously derided by President Truman as the "Do Nothing Congress" — passed 388 bills in its first year.
The House set a new record for the fewest votes cast this century during the first session of a two-year Congress, according to Congressional Record data analyzed by GovTrack. The chamber also holds the distinction of triggering and sustaining the longest government shutdown in U.S. history at 43 days — longer than the combined duration of all previous funding gaps.
Trump's executive order output: 256 orders as of late spring represents more than any president has issued this early in a term since FDR, who faced the onset of World War II. The 10 national emergencies declared cover immigration, energy deregulation, and trade policy.
On spending, Congress did pass all 12 appropriations bills funding the government, including the annual defense authorization. However, it also approved cuts to Medicaid, clean energy tax credits, and Supplemental Nutrition Assistance Program benefits as part of the reconciliation package.
The Bottom Line
The tension between an active executive and a passive legislature has prompted legal challenges that are working through federal courts, including multiple cases challenging the administration's use of emergency authorities for tariff imposition. The Supreme Court's initial ruling against the IEEPA-based tariffs was followed by a new round of levies under a different statutory framework.
Watch for Senate votes on discharge petitions — frustrated members of both parties have filed a record number to force floor consideration of measures Speaker Johnson has declined to bring up, including legislation related to Jeffrey Epstein's case files and bills to limit presidential tariff authority. If any succeed, it would represent a rare instance of the House minority circumventing leadership.
Congress retains key constitutional powers: confirmation authority over judges and cabinet officials, power of the purse, and ability to pass legislation that could roll back executive actions. Whether Republican lawmakers will exercise those tools against a president from their own party remains the central question for the remainder of this Congress.