Legislative Powers: Congress' Constitutional Control

Article I of the U.S. Constitution establishes a Legislative Branch with a House and Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and make new laws or change existing ones. This includes the power to declare war, confirm or reject Presidential appointments, and substantial investigative powers. The Legislative Branch is one of the three coequal branches of government, alongside the Executive and Judicial Branches.

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The Constitution grants Congress the authority to enact legislation and declare war

The Constitution of the United States establishes a Legislative Branch with a House of Representatives and a Senate, together forming the United States Congress. Article I of the Constitution grants Congress the authority to enact legislation and declare war, among other powers.

Article I describes the design of the legislative branch of the US government, including the separation of powers between the branches of government (checks and balances), the election of Senators and Representatives, the lawmaking process, and the powers that Congress holds. All legislative powers are vested in Congress, which means that it is the only part of the government that can make new laws or change existing ones.

The Constitution grants Congress the sole authority to enact legislation, declare war, confirm or reject Presidential appointments, and exercise investigative powers. Congress can also establish an annual budget for the government, levy taxes and tariffs, authorise borrowing, and mandate spending on specific items.

In addition to these powers, Congress can also:

• Constitute tribunals inferior to the Supreme Court
• Define and punish piracies and felonies committed on the high seas and offences against the law of nations
• Grant letters of marque and reprisal
• Make rules concerning captures on land and water
• Raise and support armies
• Call forth the militia to execute the laws of the union, suppress insurrections, and repel invasions
• Organise, arm, and discipline the militia
• Exercise exclusive legislation over a district not exceeding ten miles square
• Prohibit states from entering into treaties, alliances, or confederations without consent
• Prohibit states from coining money, emitting bills of credit, or making anything but gold and silver coin a tender in payment of debts

The Supreme Court has reinforced the principle of non-delegation, recognising that Article I, Section 1 of the Constitution vests "all legislative Powers herein granted...in a Congress of the United States." This means that Congress is the supreme lawmaker and cannot delegate its powers to other officials.

Congress can confirm or reject Presidential appointments

The Constitution of the United States grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many presidential appointments, and substantial investigative powers. Congress is one of the three coequal branches of government and is ascribed significant powers by the Constitution. All legislative powers in the government are vested in Congress, meaning that it is the only part of the government that can make new laws or change existing ones.

Article I of the Constitution establishes a Legislative Branch with a House and Senate, which together form the United States Congress. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. In addition, there are six non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives.

The Appointments Clause of the United States Constitution empowers the President to nominate and, with the advice and consent (confirmation) of the Senate, appoint public officials. The Senate must confirm certain principal officers, including ambassadors, Cabinet secretaries, and federal judges. However, the Appointments Clause also functions as a restraint on Congress, preventing them from filling offices with their supporters and thereby diminishing the President's control over the executive branch.

While the President has plenary power to nominate political appointees, the Senate's role is only advisory to the nomination, as the President is not bound to appoint their own nominee even with their advice. The Appointments Clause distinguishes between officers of the United States, who must be appointed with the advice and consent of the Senate, and those whose appointment may be specified by acts of Congress.

Congress has investigative powers

The US Constitution, in Article I, establishes a Legislative Branch with a House and Senate, together forming the United States Congress. This grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject Presidential appointments, and substantial investigative powers.

Congress has broad investigative powers, allowing it to compel the production of evidence or testimony for whatever end it deems necessary. This power is tied to its authority to legislate, and it can be used to inform Congress's legislative function. For example, Congress can investigate to decide whether legislation is appropriate, gather information on matters of national importance, or oversee federal departments and executive agencies.

Congressional investigations are an important tool for uncovering abuses of power and corruption, such as the Teapot Dome scandal in the 1920s or Watergate in the 1970s. They can also be used to further the rights of minority groups. However, they have also been used for less noble purposes, such as the blacklisting of private citizens during the "un-American activities" hearings in the 1950s.

While the investigative powers of Congress are broad, they are not unlimited. The Supreme Court has ruled that Congress must confine itself to "legislative purposes" and avoid the private affairs of individual citizens. Congress cannot investigate matters where the means of redress is purely judicial, nor can it investigate matters committed to the President's discretion, such as an individual's entitlement to a pardon.

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Congress can override a Presidential veto with a two-thirds majority

Article I of the U.S. Constitution establishes a Legislative Branch with a House of Representatives and a Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.

Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing ones. Executive Branch agencies can issue regulations, but only under the authority of laws enacted by Congress.

The President may veto bills passed by Congress, but Congress may override this veto with a two-thirds majority in both the Senate and the House of Representatives. This is a significant check and balance on the President's power, and it has been used throughout history, albeit rarely (Congress has overridden about 7% of presidential vetoes).

The process of overriding a veto involves both chambers of Congress voting on the vetoed bill. If the bill passes with a two-thirds majority in both chambers, it becomes law without the President's signature. This demonstrates the power that Congress wields in the legislative process, and how it can act as a check on the executive power of the President.

Additionally, Congress has the power to impeach and remove the President from office. The Senate has the sole power to try all impeachments, and no person can be convicted without the concurrence of two-thirds of the members present. This is another example of how Congress can directly counter the executive power of the President.

Congress can borrow money to fund the government

The Constitution of the United States establishes a Legislative Branch with a House of Representatives and a Senate, together forming the United States Congress. Article I of the Constitution grants Congress the sole authority to enact legislation and outlines the powers that Congress has.

Congress has the power to borrow money on the credit of the United States, creating a binding obligation to pay the debt as stipulated. This power is derived from Article I, Section 8, Clause 2 of the Constitution, also known as the "borrowing clause." This clause grants Congress the authority to borrow money to fund the government and make up for any shortfall in tax revenue.

The power to borrow money is an essential tool for Congress to ensure the government has sufficient funds to operate and meet its financial obligations. Congress also has the power to impose conditions on how borrowed money is spent, ensuring that funds are used for their intended purpose. This power allows Congress to influence state policies and advance federal objectives.

In addition to borrowing money, Congress has the authority to levy taxes and tariffs to raise revenue for essential government services. Congress also plays a crucial role in deciding how the federal government spends its money, including establishing an annual budget. This spending power is among Congress's most important authorities, enabling the creation of federal programs such as Social Security and Medicaid.

The Constitution also grants Congress the power to make all laws necessary and proper for executing the powers vested in the government. This includes the ability to raise and support armies, declare war, and establish tribunals. These powers demonstrate the significant role Congress plays in governing the United States.

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