Isabella Carter
The United States Constitution grants Congress its most important power, the authority to make laws. The Founding Fathers explicitly stated the powers of Congress in the Constitution to establish that the power of the government comes from the people. The Constitution also allows Congress to propose amendments to itself and specify their ratification by state legislature or convention. The Necessary and Proper Clause of the Constitution permits Congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. Congress also has the power to impeach a sitting President in office. Congress's powers are both constitutional and evolutionary.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in the Senate and House of Representatives |
| Power to tax and spend | To pay debts and provide for the common defense and general welfare of the United States |
| Power to borrow money | To pay debts and provide for the common defense |
| Power to regulate commerce | With states, other nations, and Native American tribes |
| Power to establish citizenship laws | Naturalization laws and bankruptcy laws |
| Power to create laws | Necessary and Proper Clause gives Congress the authority to create any laws that are necessary and proper to carry out the enumerated powers of the Constitution |
| Power to declare war | To raise and maintain armed forces and make rules for the military |
| Power to impeach | Authority to impeach a sitting President in office and try members of the federal judiciary |
| Power to investigate | To gather information needed to create new legislation and conduct oversight |
| Power to shape the judiciary | Can confirm Supreme Court appointments and shape the composition of the judiciary |
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What You'll Learn
- Congress has the exclusive power to declare war, raise and maintain armed forces, and make rules for the military
- Congress can impeach and try members of the federal judiciary
- Congress can investigate issues and public officials
- Congress can propose amendments to the Constitution
- Congress can shape the judiciary and impeach the President
Congress has the exclusive power to declare war, raise and maintain armed forces, and make rules for the military
The power to declare war and raise armies is a critical check on the executive branch and the President's role as Commander-in-Chief. Congress has used this power throughout history, such as passing the Selective Service Act of 1917 to expand the military through conscription. The Supreme Court upheld the Act, confirming Congress's broad constitutional power to raise and regulate armies and navies.
Congress's authority to declare war and raise armies has evolved over time, with the War Powers Resolution of 1973 ("the War Powers Act") restricting the President's ability to deploy the military unilaterally. The Act requires the President to consult with Congress and obtain authorization for prolonged military deployments. This resolution was passed in response to concerns about presidential administrations engaging in conflicts without congressional approval.
In addition to declaring war and raising armies, Congress also has the power to make rules for the military. This includes setting up a system of criminal law binding on servicemen, with its own courts, procedures, and appeals process. Congress's investigative power is another important tool for oversight and developing effective public policy regarding the military.
The powers of Congress are both constitutional and evolutionary. While the US Constitution grants Congress its authority, Congress has also evolved its powers over time through interpretations of the Constitution and the ""elastic" or implied powers clause, which allows it to pass laws necessary to carry out its functions.
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Congress can impeach and try members of the federal judiciary
The US Constitution grants Congress the power to impeach and try members of the federal judiciary. The House of Representatives has the "sole Power of Impeachment" (Article I, Section 2), while the Senate has the "sole Power to try all Impeachments" (Article I, Section 3). This process is a fundamental component of the system of checks and balances intended by the nation's founders.
The impeachment process involves the House of Representatives charging an official of the federal government, including members of the judiciary, with "Treason, Bribery, or other high Crimes and Misdemeanors." Any member of the House may introduce impeachment charges by declaration, presenting a listing under oath, or introducing a resolution, which is then referred to a committee. The Judiciary Committee typically conducts impeachment investigations and determines if grounds for impeachment exist. If a majority of the committee agrees, a resolution impeaching the individual and presenting the specific allegations is sent to the full House. The House debates the resolution and may vote to impeach by a simple majority.
Once the House approves articles of impeachment, it sends them to the Senate, which sits as a High Court of Impeachment. The Senate considers evidence, hears witnesses, and votes to acquit or convict the impeached official. A two-thirds vote is required to convict, and the penalty for an impeached official is removal from office and potential disqualification from holding public office in the future.
Congress's power to shape the judiciary through impeachment and trial is an important check on the interpretive body of the federal judiciary. This power has been used multiple times throughout history, including against federal judges, with eight officials convicted and removed from office.
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Congress can investigate issues and public officials
Although the US Constitution does not explicitly grant Congress the authority to conduct investigations, this power has been recognised as an inherent, constitutional prerogative. Indeed, the first congressional investigation occurred as early as 1792, when the House of Representatives convened a committee to investigate the defeat of General Arthur St. Clair in the Battle of the Wabash.
Congress's investigatory powers are broad, but not unlimited. Its authority to investigate is tied to its authority to legislate, and so any limits on Congress's constitutional authority will also limit its ability to investigate. For example, Congress cannot investigate the purely private affairs of an ordinary citizen, nor can it investigate matters where the means of redress is purely judicial.
Congress may investigate issues that warrant study and wrongdoings by public officials. This power is one of Congress's most important tools for developing effective public policy, conducting oversight, and informing the public. For instance, in 1790, Robert Morris of Pennsylvania, the superintendent of finances during the Continental Congress, asked Congress to investigate his handling of the country's finances to clear his name of potential impropriety. The House referred Morris's request to a select committee, setting a precedent for future investigations.
Congress's investigations can also be used to oversee the federal government and gather information needed to create new legislation. For example, in 1800, the Secretary of the Treasury, Oliver Wolcott, Jr., invited an investigation of his office. Congress has also used its investigatory powers to oversee federal programs and to consider pending legislation.
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Congress can propose amendments to the Constitution
Congress's role in amending the Constitution is a significant part of its essential role in the nation's representative government. The US Constitution grants Congress the authority to propose amendments whenever two-thirds of both Houses deem it necessary. This process is outlined in Article V of the Constitution.
Congress proposes amendments in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The NARA's Office of the Federal Register (OFR) adds legislative history notes, publishes the resolution in slip law format, and assembles an information package for the states.
Congress's power to propose amendments to the Constitution is an important aspect of its ability to carry out its enumerated functions and shape the country's laws and judiciary. It is one of the ways in which the founders intended Congress to have more important powers than the President and the Supreme Court, while still being subject to checks and balances.
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Congress can shape the judiciary and impeach the President
The United States Constitution grants Congress the power to shape the judiciary and impeach the President. The Constitution divides Congress into two houses: the Senate and the House of Representatives.
The House of Representatives has the sole power to impeach the President, Vice President, and civil officers. The House charges an official of the federal government with a simple majority vote, approving the articles of impeachment. The articles of impeachment are then sent to the Senate, which sits as a High Court of Impeachment.
The Senate has the sole power to try impeachments and convict the impeached with a two-thirds vote. The Senate considers evidence, hears witnesses, and votes to acquit or convict the impeached official. In the case of presidential impeachment trials, the Chief Justice of the United States presides. The penalty for an impeached official is removal from office, and they may be disqualified from holding public office in the future.
Congress also has the power to shape the judiciary. Congress can create inferior federal courts and limit their jurisdiction. Congress can also restrain its law-making powers to prevent the expansion of litigation in federal courts and curb judicial activism. The Senate plays a role in the judicial selection process by confirming the appointment of judges.
The powers of Congress are both constitutional and evolutionary. The Constitution grants Congress the authority to make laws, and the "elastic" clause allows Congress to pass laws deemed "necessary and proper" to carry out its functions. Congress's powers have evolved over time, with many based on this "elastic" clause.
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Frequently asked questions
Congress is the central law-making body of the United States. It has the power to lay and collect taxes, borrow money, regulate commerce with states, other nations, and Native American tribes, establish citizenship naturalization laws, and bankruptcy laws, among other powers.
The powers of Congress are outlined in the United States Constitution, specifically in Article I, which states that "All legislative Powers herein granted shall be vested in a Congress of the United States". The Constitution also grants Congress the authority to propose amendments to the Constitution and to specify ratification by state legislature or convention.
The powers of Congress have evolved through interpretation and precedent. For example, the Necessary and Proper Clause of the Constitution has been interpreted to give Congress the power to create laws necessary and proper for carrying out its enumerated powers. Additionally, Congress has used its constitutional authority to shape the judiciary and impeach members of the federal judiciary for "high crimes and misdemeanors".
