Jonah Patel
The United States Constitution, formed in 1787, was a blueprint for the nation, outlining the powers and responsibilities of the three branches of government: Congress, the executive branch, and the federal judiciary. The Constitution strengthened the powers of Congress by granting it the authority to be the sole law-making body, with the power to enact legislation, declare war, confirm or reject Presidential appointments, and hold investigative powers. The Constitution also gave Congress the ability to override Presidential vetoes, establish an annual budget, and shape the judiciary. These powers ensured that Congress had a central role in governing the nation and provided a system of checks and balances between the different branches of government.
| Characteristics | Values |
|---|---|
| Separation of powers | The Constitution divides the national government into three branches: Congress, the executive branch, and the federal judiciary. |
| Legislative power | Congress is the only branch of government with legislative power, meaning it can make and change laws. |
| Oversight and investigation | Congress has the power to investigate and conduct oversight, including misuse of federal funds and abuses of power. |
| Enact legislation and declare war | Congress has the sole authority to enact laws and declare war. |
| Confirm or reject presidential appointments | Congress has the right to confirm or reject many presidential appointments, including Supreme Court justices. |
| Override presidential vetoes | Congress can override a presidential veto with a two-thirds vote in both the Senate and the House of Representatives. |
| Impeachment | The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. |
| Address essential questions | Congress has used its authority to address essential questions about the Supreme Court and the judicial system. |
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What You'll Learn
Congress is the only body that can make or change laws
The United States Constitution, drafted in 1787, was designed to strengthen the role and authority of the national government while assuaging fears of a too-powerful central government. The Constitution divided the national government into three branches: Congress, the executive branch, and the federal judiciary.
Congress, as one of the three coequal branches of government, is vested with significant powers by the Constitution. All legislative power in the government is concentrated in Congress, meaning that it is the only body 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 consists of the House of Representatives and the Senate, which work together to pass legislation. A bill must pass both houses of Congress before it goes to the President for consideration. The President may veto a bill passed by Congress, but Congress can override this veto with a two-thirds vote in both the Senate and the House of Representatives.
The legislative process begins with the introduction of a bill to Congress. While anyone can write a bill, only members of Congress can introduce legislation. After introduction, a bill is referred to the appropriate committees in the Senate and House for review. These committees play a crucial role in shaping legislation and ensuring its efficient consideration.
Congress also has the power to shape the judiciary. While the President nominates Supreme Court justices, the Senate has the sole power to confirm those appointments. This power of advice and consent is a significant check on the presidency. Additionally, Congress can change the courts' size, structure, and jurisdiction, further influencing the interpretation of the laws it creates.
In conclusion, Congress is the central law-making body of the United States government. Through its legislative authority, investigative powers, and ability to shape the judiciary, Congress plays a pivotal role in enacting laws and ensuring their proper execution.
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Congress can override a presidential veto
The U.S. Constitution, created in 1787, outlines the powers of Congress, the executive branch, and the federal judiciary. The Constitution strengthened the powers of Congress by dividing the national government into three branches, each with distinct responsibilities, thereby increasing the authority of the national government while preventing it from becoming too powerful.
One of the powers granted to Congress is the ability to override a presidential veto. The president can use their veto power to prevent a bill passed by Congress from becoming law. However, Congress can override this veto by a two-thirds vote of both chambers. This process is a check on the president's power and allows Congress to assert its authority in the law-making process.
The presidential veto is a significant tool for the president to influence legislation. Even the threat of a veto can lead to changes in a bill before it reaches the president's desk. When a bill is passed by both houses of Congress, it is presented to the president for approval. The president can approve the bill by signing it into law. However, if the president does not approve, they have the option to veto it.
The president must return the unsigned bill, along with their objections, to the originating house of Congress within ten days (excluding Sundays). This type of veto is known as a "regular veto" or a "qualified negative veto." If Congress is still in session and the ten-day period elapses without the president's signature, the bill becomes law without their signature.
On the other hand, if Congress adjourns before the ten days have passed, the bill fails to become law. This is called a "pocket veto." The power of the pocket veto has been a point of contention between Congress and the president, with debates focusing on the interpretation of the term "adjournment." The Legislative Branch, supported by modern court rulings, maintains that the Executive Branch can only use the pocket veto when Congress has adjourned sine die from a session.
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Congress can confirm or reject presidential appointments
The U.S. Constitution was developed beginning in May 1787, by delegates from twelve states, to strengthen the role and authority of the national government while ensuring it did not become too powerful. The Constitution consists of a preamble and seven articles, the first three of which divide the national government into three branches: Congress, the executive branch, and the federal judiciary.
Article I describes the structure of Congress, the basis for representation, the requirements for serving in Congress, the length of Congressional terms, and the powers of Congress. Article II, Section 2, Clause 2, known as the Appointments Clause, empowers the President of the United States to nominate and appoint public officials, with the advice and consent (confirmation) of the Senate.
The Appointments Clause requires that Ambassadors, public Ministers, Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President, subject to the approval of the Senate. This clause acts as a check on the President's appointment power, preventing favouritism and ensuring accountability in staffing important government positions. The Senate's role in the appointment process is to confirm or reject the President's nominee. While the President has plenary power to nominate political appointees, the Senate's role is advisory, and the President is not obligated to appoint a nominee, even with their advice.
The Appointments Clause also distinguishes between two types of officers: principal officers and inferior officers. Principal officers, such as Supreme Court Justices, must be appointed by the President and confirmed by the Senate. On the other hand, inferior officers are those whose appointment Congress may place with the President, judiciary, or department heads. Congress creates federal offices, and only Congress can determine which offices the President can fill with their nominees.
The confirmation process typically involves hearings held by the Senate's Judiciary Committee, where nominees are asked questions to determine their fitness for the position. Nominees may also be required to make disclosures to a relevant Senate committee. While the Senate usually confirms the President's nominees, they have rejected or failed to act on numerous presidential nominees, particularly for positions other than the Supreme Court.
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Congress has investigative powers
The US Constitution, drafted in 1787, aimed to strengthen the role and authority of the national government while preventing it from becoming too powerful. The Constitution divided the national government into three branches: Congress, the executive branch, and the federal judiciary.
Congress's investigative powers have been a significant aspect of its authority. While not explicitly mentioned in the Constitution, the "power of inquiry" has been acknowledged as an "essential and appropriate auxiliary to the legislative function." This power is derived implicitly from Article I, which vests "legislative Powers" in Congress.
The scope of Congress's investigative powers has been primarily defined by congressional practice, negotiations between political branches, and the opinions of the Supreme Court. The Supreme Court has rarely engaged in discussions about Congress's investigative powers, and its intervention has generally been limited to scenarios involving private citizens.
Congressional investigations have been employed "in aid of the legislative function," with boundaries marked by the power to legislate. The Supreme Court has clarified that neither house of Congress possesses a general power to inquire into citizens' private affairs. Instead, the power is limited to matters within the jurisdiction of Congress and where legislative action can be taken.
The investigating function of Congress was initially limited to inquiries into the executive branch or government instrumentalities. However, over time, Congress's investigative powers have been used more broadly, including in the context of criminal prosecutions for contempt of Congress and habeas proceedings. Witnesses appearing before congressional committees are entitled to understand the committee's authority and the pertinence of the questions asked.
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Congress can impeach and try members of the federal judiciary
The U.S. Constitution, drafted in 1787, aimed to strengthen the role and authority of the national government while preventing it from becoming too powerful. The Constitution divided the national government into three branches: Congress, the executive branch, and the federal judiciary. It outlines the powers and responsibilities of each branch.
Congress, as outlined in Article I, consists of the Senate and the House of Representatives. The House of Representatives has the sole power to bring articles of impeachment against federal officials, including members of the federal judiciary. This is the first step in the impeachment process, which is a formal accusation of treason, bribery, or other high crimes and misdemeanors. The House of Representatives charges an official by approving articles of impeachment through a simple majority vote.
The Senate, on the other hand, has the sole power to try all impeachments. After the House sends its articles of impeachment, the Senate acts as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the accused. A two-thirds vote of the Senate is required to convict, and the penalty for an impeached official is removal from office and potential disqualification from holding public offices in the future.
The power of impeachment is a significant check on the federal judiciary and other branches of government. It ensures that members of the federal judiciary can be held accountable for wrongdoing, abuse of power, or criminal conduct. The impeachment process reinforces the balance of powers between Congress and the judiciary, allowing Congress to oversee and restrain the judiciary when necessary.
Throughout history, Congress has initiated impeachment proceedings numerous times, but only a few have resulted in convictions and removals from office. Of those impeached, eight officials were found guilty and removed from office by the Senate, and all eight were federal judges. This highlights the seriousness of judicial misconduct and the willingness of Congress to exercise its constitutional power to uphold the integrity of the federal judiciary.
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Frequently asked questions
Congress is one of the three coequal branches of the US government, alongside the executive branch and the federal judiciary. It is the central law-making body, with the power to make new laws, change existing laws, and override presidential vetoes.
The Constitution grants Congress the sole authority to enact legislation and declare war. It also gives Congress substantial investigative powers, which are crucial for developing effective public policy, conducting oversight, and informing the public.
Congress has the power to shape the judiciary by confirming or rejecting the President's nominations for Supreme Court justices. It can also impeach and try members of the federal judiciary for "high crimes and misdemeanors". Additionally, Congress can change the number, structure, and jurisdiction of the courts.
The Constitution's authors were mindful of the potentially corrupting effects of power. To prevent the national government from becoming too powerful, they separated powers by dividing the government into three branches with different responsibilities. Congress's power is balanced by the Supreme Court, which interprets the laws it creates, and by the President, who can veto its bills.
