Simone Lawson
The US Constitution outlines the powers of the three branches of the US government, including the limitations of these powers. While the President of the United States is the head of the Executive Branch, Congress acts as a check on the President's power. Congress has the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and possesses substantial investigative powers. Congress can also override a Presidential veto with a two-thirds vote in both the Senate and the House of Representatives. Congress can restrict the President's authority in areas of overlap, such as in the approval of treaties, and the President's power to decide which crimes to prosecute.
| Characteristics | Values |
|---|---|
| Legislative power | Congress is the only part of the government that can make new laws or change existing laws |
| Sole authority to declare war | Congress holds the sole power to declare war |
| Confirmation of appointments | Congress has the right to confirm or reject many Presidential appointments |
| Investigative powers | Congress has substantial investigative powers |
| Congressional oversight | Congress has oversight over the Executive Branch and can investigate the President's actions, such as firings |
| Congressional checks | Congress acts as a check on the President's power and a balance against their discretion in implementing laws and making regulations |
| Veto power | Congress can override a Presidential veto with a two-thirds vote in both the Senate and the House of Representatives |
| Congressional authority | Congress has the power to enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution |
| Budgeting | Congress establishes an annual budget for the government |
| Treaty approval | The Senate can reject any treaty negotiated by the President |
| Commerce and immigration control | Congress controls commerce and immigration with foreign nations |
| Power to prosecute | Congress cannot direct the Executive Branch to prosecute or refrain from prosecuting specific individuals |
| Criminal code amendment | The President cannot amend the criminal code to prosecute someone for actions that are not considered a crime under existing law |
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What You'll Learn
Power to declare war
The Constitution grants Congress the sole authority to enact legislation and declare war. While the President is the Commander-in-Chief of the armed forces and has the power to call the National Guard into service, the power to declare war rests with Congress. This is a significant check on the President's power and a balance against their discretion in implementing laws and making regulations.
Congress also has the power to enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution. This includes the power to establish an annual budget for the government, which can be used to control and direct the actions of the executive branch. Congress can also override a presidential veto by a two-thirds vote in both the Senate and the House of Representatives.
The War Powers Act of 1973 attempted to define when and how the President could send troops to battle by adding strict time frames for reporting to Congress. However, this has not had much effect in practice. The President, as Commander-in-Chief, has the authority to defend the nation against sudden attack, regardless of whether Congress has declared war.
Congress also has investigative powers and can conduct oversight of the executive branch through hearings and its investigative organisation, the Government Accountability Office (GAO). Congress can also confirm or reject many Presidential appointments, particularly federal judges and Supreme Court justices.
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Power to enact/change laws
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power. The legislative branch, consisting of the House of Representatives and the Senate, forms the United States Congress and is the central law-making body.
Congress has the sole authority to enact legislation and change existing laws. It can also override a presidential veto with a two-thirds vote in both the Senate and the House of Representatives. Congress can also enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution.
While the President can issue executive orders, which have the force of law, they cannot be used to create new statutes or override existing federal laws and statutes. Executive orders are directives signed by the President, ordering the government to take specific actions to ensure the faithful execution of the laws. For example, an executive order can tell federal agencies how to implement a statute, but it cannot be used to write a new statute.
Congress also has investigative powers and can conduct oversight of the executive branch, including the power to investigate and inform the public about any misuse of federal funds and abuses of power. This oversight is a crucial check on the President's power and a balance against their discretion in implementing laws and making regulations.
Additionally, Congress plays a role in shaping the judiciary by confirming or rejecting the President's nominations for heads of federal agencies, federal judges, and the Supreme Court. This power to shape the judiciary is another way Congress can limit the power of the executive branch.
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Power to confirm/reject presidential appointments
The United States Congress is made up of the House of Representatives and the Senate. The Constitution grants Congress the right to confirm or reject many presidential appointments. This is a key power that Congress has to limit the power of the executive branch.
The Appointments Clause, which appears at Article II, Section 2, Clause 2, outlines the process of confirming or rejecting presidential appointments. It states that the president "shall nominate and, by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States". This means that while the president has the power to nominate individuals for these positions, the Senate must provide their advice and consent for the appointment to be confirmed.
The Senate's role in this process is not just a formality. They have the power to reject nominees, and a small but sometimes highly visible number of nominees fail to receive action or are rejected by the Senate. The Senate's advice and consent are also required for the appointment of Cabinet secretaries and federal judges, who are considered "principal officers". However, it's important to note that the president has plenary power to nominate political appointees, and the Senate's role is advisory to the nomination.
The Appointments Clause also distinguishes between officers who must be appointed with the advice and consent of the Senate and those who may be specified by acts of Congress. Some appointments may be made by the president alone, in courts of law, or in the heads of departments. This distinction was included in the Appointments Clause to prevent Congress from circumventing the clause by making appointments directly or through other means. The framers of the Constitution were concerned that Congress might try to fill offices with their supporters, undermining the President's control over the executive branch.
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Power to override presidential vetoes
The power to override a presidential veto is a significant check on the executive branch by the legislative branch. The President may veto bills passed by Congress, but Congress may override this veto by a two-thirds vote in both the Senate and the House of Representatives. This power is derived from Article 1, Section 7 of the US Constitution, which also outlines the "'regular' veto process. In this process, the President returns a bill to the House in which it originated, unsigned, within ten days (excluding Sundays). The Constitution also specifies that if the President does not veto or sign a bill within this period, it automatically becomes law, unless Congress has adjourned before the ten days are up, in which case a "pocket veto" can be used.
The veto power was conferred upon the President of the United States with the enactment of the US Constitution, which took effect on March 4, 1789. During the Constitutional Convention, the veto was referred to as a "revisionary power", and was not intended to be absolute. The framers rejected proposals for an absolute veto, instead outlining limits such as Congress's ability to override and the requirement for the President to state their objections in writing.
The presidential veto power was first exercised on April 5, 1792, by President George Washington, who vetoed a bill outlining a new apportionment formula. Washington believed the bill violated the Constitution. The veto power was rarely used until the presidency of Andrew Jackson, who vetoed 12 bills. None of these vetoes were overridden. The first time Congress overrode a presidential veto was on March 3, 1845, during the presidency of John Tyler.
Congress also has the power to provide for an "appropriate officer" to receive a President's veto message, and the opportunity for prompt consideration of an override vote. This prevents the President from killing legislation through inaction.
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Power to investigate the executive branch
Congress has substantial powers to investigate the executive branch. The US Constitution grants Congress the authority to enact legislation and declare war, confirm or reject presidential appointments, and investigate the executive branch. Congress, as one of the three coequal branches of government, is bestowed with significant powers by the Constitution. While the President of the United States is the head of the Executive Branch, Congress acts as a check on the President's power and a balance against their discretion in implementing laws and making regulations.
Congress has the power to investigate the executive branch through hearings, conducted by the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs. These committees are dedicated to overseeing and reforming government operations, with each committee conducting oversight in its specific policy area.
Additionally, Congress maintains an investigative organisation, the Government Accountability Office (GAO). The GAO, founded in 1921 as the General Accounting Office, is responsible for auditing the budgets and financial statements submitted to Congress by the Secretary of the Treasury and the Director of the Office of Management and Budget.
Congress can also investigate the President's use of executive power, particularly in areas where the powers of Congress and the President overlap. For example, the President has the power to grant reprieves and pardons for federal offences, but this power does not extend to cases of impeachment by Congress. The President's power to make treaties is also subject to the approval of the Senate, and Congress controls commerce and immigration with the nations involved.
Furthermore, Congress can investigate the President's appointments to executive branch positions. While the President has broad appointment powers, these appointments are subject to Senate approval, and Congress can exercise oversight and investigate firings made by the President.
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Frequently asked questions
Congress limits the power of the Executive Branch through oversight and hearings. Congress also has the power to declare war, confirm or reject Presidential appointments, and override vetoes.
Congress is one of the three coequal branches of the US government. It is the legislative branch and is made up of the House of Representatives and the Senate. Congress has the sole authority to enact legislation and declare war.
The US Constitution outlines the powers and limitations of the Executive Branch in its first three articles. The Constitution grants Congress the power to confirm or reject Presidential appointments and override vetoes. It also states that the President cannot pardon someone impeached by Congress.
The President is the head of the Executive Branch and is elected to a four-year term. The President has the power to grant reprieves and pardons for federal offenses, make treaties with Senate approval, receive ambassadors, and nominate judges and executive branch officials.
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