Simone Lawson
The legislative process is an important aspect of democratic life, providing a platform for open discussion and consideration of diverse ideas. The primary function of Congress, as the Legislative Branch, is to create and modify laws, including those related to financial and budgetary matters. Funding bills play a crucial role in allocating resources and can have a significant impact on various aspects of governance. While they do not directly amend the constitution, they can influence how constitutional powers are exercised and interpreted. This is evident in cases where funding bills have been challenged or used as tools to influence policy decisions, such as the National Minimum Drinking Age Act. Understanding the interplay between funding bills and the constitution is essential for grasping the complexities of the legislative process and its implications.
| Characteristics | Values |
|---|---|
| Legislative process | Emphasis on the protection of the minority, allowing all sides to be heard and make their views known |
| Open and full discussion, resulting in notable improvements of a bill by amendment before it becomes law | |
| A proposal cannot become a law without consideration and approval by both Houses of Congress | |
| Congress | Has authority over financial and budgetary policy by levying and collecting taxes, duties, imposts, and excises |
| Pays debts and provides for the common defense and general welfare of the United States | |
| Has the power to incentivize states to act according to federal policies | |
| Does not have the power to require states to regulate in a certain way | |
| Has the power to withhold funding from states that do not comply with certain federal laws | |
| Has the power to authorize the expenditure of public moneys for public purposes | |
| Has the power to pass laws that raise revenue | |
| Has the power to pass laws that levy taxes on certain commodities | |
| Has the power to pass laws that threaten to withhold funding | |
| The President | May decide that principles more fundamental than the Constitution's appropriations requirement justify spending in an emergency |
| May impound funds |
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What You'll Learn
The Appropriations Clause
The Clause also specifies that the President does not have the authority to spend federal funds without Congressional approval, even in cases of urgent need. However, in certain emergency situations, the President may decide that principles more fundamental than the Constitution's appropriations requirement justify spending. For example, at the outbreak of the Civil War, Lincoln ordered the expenditure of two million dollars in federal funds without prior Congressional approval.
Congress has provided further clarification on the object requirement, stating that "appropriations shall be applied only to the objects for which they were made, except as otherwise provided by law." This allows for certain statutes that grant executive agencies the authority to "reprogram" funds under specific conditions, effectively expanding the purposes for which the appropriations can be used. Congress has also granted the Executive Branch certain "transfer" authorities, allowing them to move funds between accounts or objects.
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Congressional spending and borrowing power
The U.S. Constitution gives Congress the power to create a federal budget, deciding how much money the government can spend in the upcoming fiscal year. Congress's budget is then approved by the President. Congress decides on the amount and type of discretionary spending, and provides resources for mandatory spending. Discretionary spending refers to spending on goods, programs, and services to support the American public, such as military equipment, highway maintenance, and research. Mandatory spending includes items such as Social Security and Medicare.
Congress's spending power is derived from the Appropriations Clause, which requires Congress to specify the powers, activities, and purposes for which funds may be used. This includes specifying the objects, amounts, and timing of federal spending. The Constitution also requires that a regular statement of accounts of receipts and expenditures of all public money be published.
Congress also has the power to borrow money on the credit of the United States. When it does so, it creates a binding obligation to pay the debt as stipulated and cannot vary the terms of its agreement. Congress's power to borrow money is essential to ensuring that the Executive cannot effectively compel taxing and borrowing by spending at will.
The process of creating federal legislation, including spending bills, is a key function of Congress. The legislative process is designed to allow for full and open discussion, with all sides given an opportunity to be heard. This often results in notable improvements to bills through amendments before they become law.
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The Origination Clause
> All bills for raising or appropriating money... shall originate in the [representative house], and shall not be altered or amended by the [other house].
However, this was later modified in 1787 to reduce the House's power by allowing the Senate to amend revenue bills and by removing appropriation bills from the scope of the clause. The final form of the Origination Clause was a major selling point for the ratification of the Constitution. James Madison, who supported the final version, wrote in Federalist 58 during the debate over ratification:
> The House of Representatives cannot only refuse, but they alone can propose, the supplies requisite for the support of government.
The U.S. Supreme Court has decided several cases involving the Origination Clause, and all challenges to federal statutes have failed. However, in one lower court decision, plaintiffs succeeded in striking down a federal statute on Origination Clause grounds.
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The legislative process
Any member of Congress can introduce a piece of legislation. The member must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction is postponed until the next day. The bill is then assigned a number and labelled with the sponsor's name. Most bills then go to the Rules Committee before reaching the floor, where the committee adopts rules that will govern the procedures for the bill's consideration. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. The Rules Committee can be bypassed if members move to suspend the rules (requiring a two-thirds vote), if the Speaker of the House and Majority Leader decide to bring the legislation to the floor, or through a discharge petition.
Once on the floor, the bill is voted on. If passed, it is sent to the other chamber, unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill, then it dies. If both chambers pass the bill, it is sent to the President. If the House and Senate pass different bills, they are sent to a Conference Committee, which reconciles the differences. Bills may be referred to more than one committee and split so that parts are sent to different committees.
Before a bill is reported, a committee will hold a "mark-up" session to make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" with the proposed amendments, which will have a new number and be sent to the floor while the old bill is discarded. The chamber must approve, change, or reject all committee amendments before a final passage vote. After the bill is reported, the committee staff prepares a written report explaining their support for the bill and their amendments, if any. Committee members who oppose a bill may write a dissenting opinion. The report is sent back to the whole chamber and placed on the calendar.
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The Tenth Amendment
> The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The purpose of this amendment is to reaffirm the principles of federalism and reinforce the notion that the federal government maintains only limited, enumerated powers. In other words, it clarifies that any powers not explicitly granted to the federal government by the Constitution are reserved for the states or the people.
Despite facing opposition from some of the Founding Fathers, the amendment was passed by the Continental Congress. After the American Revolution, South Carolina Representative Thomas Tudor Tucker and Massachusetts Representative Elbridge Gerry proposed similar amendments to limit the federal government to powers "expressly" delegated, denying any implied powers.
The Supreme Court has declared the Tenth Amendment to be a truism, stating that it "added nothing to the [Constitution] as originally ratified." However, states and local governments have occasionally attempted to assert exemption from federal regulations, particularly in the areas of labour and environmental controls, by invoking the Tenth Amendment.
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Frequently asked questions
The primary function of Congress is to create and modify laws.
The legislative process involves the introduction, consideration, approval, and enactment of a bill into law by both Houses of Congress.
The House of Representatives adopts its rules at the beginning of each Congress. By tradition, the House originates appropriation and revenue bills.
The Senate considers itself a continuing body and operates under continuous standing rules that it amends from time to time. The Senate may propose or concur with amendments to revenue bills.
Funding bills can indirectly amend the Constitution by incentivizing states to act according to federal policies. However, the Constitution does not give Congress the power to require states to regulate in a certain way. Funding bills can also directly impact constitutional provisions such as the Tenth Amendment and the Appropriations Clause.
