BUT WHAT DOES IT ALL MEAN?!?!?!?!?!

Frankly, we just don’t know. Kind of.

For the last 24 hours, pundits have been filling open air with an irrepressible stream of conjecture. The cumulative effect of all this speculation is a growing sense of angst over what direction we’re heading in as a country.

Unfortunately, there’s not a clear answer. And that’s not because we are waiting on a firm announcement of a President-elect. Rather, it revolves around the mixed nature of the results altogether.

With so much attention paid to the Presidential contest, I would argue average citizens are unaware of the divided legislature coming their way.

It seems likely, at this point, that Republicans will maintain control of the US Senate. And while Democrats are poised to maintain the gavel in the US House of Representatives, they did not realize their hopes to grow their existing House majority. This projected divide in congress, paired with the new philosophical breakdown of the Supreme Court will continue the existing challenge facing advocates today.

Divided government is not, in and of itself, a bad thing. By design, our constitutional design forces divided governments into a system that requires compromise and incremental approaches to solving problems.

The natural friction of our system will prevent sweeping changes from any new executive administration. You are likely to see continued expansion of the use of executive orders, which are limited in their effectiveness. However, you are also likely to see an increased utilization of the federal rule making process that lies outside of the role of the legislature. That dynamic is the ultimate threat to your advocacy agenda moving forward.

Under the Administrative Procedures Act of 1974, Congress divested itself of a significant portion of its ability to set national policy. By deferring to administrative pathways, the legislature allows the “fourth branch” of government to act with the force of law while avoiding the ultimate accountability of the ballot box.

The only thing clear from this election’s results, as we see them right now, is that neither party has a clear mandate for a sweeping legislative agenda. Look forward to any administration utilizing these secondary tools (executive orders and rule making) to act on their own agendas. Are you preparing to act in those same structures to advance your own?

P.s. Checking In – What are your thoughts? Are you seeing any threats to your own agenda? Drop a comment below or on social media and let me know!