Dividing Power: Congress And The Constitution

The US Constitution divides power in Congress by establishing a Legislative Branch that consists of the House of Representatives and the Senate, together forming the United States Congress. Article I of the Constitution grants Congress the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and substantial investigative powers. The House of Representatives is made up of elected members, divided among the 50 states in proportion to their total population. The Speaker of the House is third in the line of succession to the Presidency. Congress can also override a veto by a two-thirds vote in both the Senate and the House of Representatives.

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Congress can override presidential vetoes

The US Constitution divides power in Congress by establishing a bicameral legislature, consisting of the Senate and the House of Representatives. The legislative powers are vested in this Congress, which has the authority to create laws. Each house within Congress has specific powers and procedures outlined by the Constitution.

The Senate, for instance, has the sole power to confirm presidential appointments, such as Supreme Court justices. The Senate also plays a role in providing advice and consent regarding treaties. On the other hand, the House of Representatives is composed of members chosen every second year by the people of the states, with representatives apportioned among the states based on population.

The Constitution grants Congress the power to investigate, gather information, and create new legislation. This investigative power is crucial for oversight, policy development, and informing the public. Additionally, Congress has the authority to change the size, structure, and jurisdiction of the federal courts, including the Supreme Court, which interprets the laws created by Congress.

One significant aspect of the division of powers is Congress's ability to override presidential vetoes. When a bill is passed by Congress, the President has the authority to veto it, sending it back unsigned within ten days, along with a memorandum of disapproval. However, Congress can override this veto if both houses vote to pass the law again, this time with a two-thirds majority in each house. This process of overriding a presidential veto serves as a check on the President's power and reinforces the system of checks and balances in the US government.

Throughout history, there have been instances where Congress successfully overrode presidential vetoes. For example, in 1868, the Senate and the House of Representatives voted to override President Andrew Johnson's vetoes on multiple occasions, including on the admission of Arkansas and several other states to representation in Congress. In more recent times, Congress has overridden vetoes by President George H. W. Bush and President Clinton during their respective administrations.

The House of Representatives has the sole power of impeachment

The Constitution of the United States divides power in Congress by granting all legislative powers to a Congress consisting of a Senate and a House of Representatives. The House of Representatives has the sole power of impeachment.

The House of Representatives is composed of members chosen every second year by the people of the several states. No person shall be a representative who has not attained the age of twenty-five years, been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. Representatives and direct taxes are apportioned among the several states included within the Union according to their respective numbers.

The House has initiated impeachment proceedings more than 60 times, with roughly a third of all proceedings leading to full impeachments. The federal House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. This triggers a federal impeachment trial in the United States Senate, which can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also further, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office.

Congress can change the size, structure, and jurisdiction of the Supreme Court

The US Constitution divides power in Congress by outlining the roles of the legislative, executive, and judicial branches of the US government. The legislative branch, or Congress, is responsible for writing and debating laws that govern the country. The executive branch, or the President, is responsible for executing those laws. The judicial branch, or the Supreme Court, interprets the laws in the context of legal disputes and rules on their constitutionality.

The Constitution grants Congress the power to change the size, structure, and jurisdiction of the Supreme Court. Congress has used this power to alter the number of seats on the Supreme Court over the years, ranging from a low of five to a high of ten. After the Civil War, the number of seats was fixed at nine, which remains the case today, with one Chief Justice and eight Associate Justices.

Congress can also shape the Supreme Court's jurisdiction, which refers to the types of cases the Court can hear. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. Congress can limit the Court's appellate jurisdiction, or its discretion to choose whether to hear a case, through jurisdiction-stripping statutes. However, Congress cannot remove the Supreme Court's jurisdiction without concurrently ensuring that inferior courts have jurisdiction over the same categories of claims, as this would violate the Constitution's grant of judicial power to the federal courts.

While Congress plays a significant role in shaping the Supreme Court, the President also has important responsibilities. The President nominates Supreme Court justices, and the Senate, which is part of the legislative branch, has the sole power to confirm those appointments. Justices typically hold office for life and are protected by several restrictions meant to safeguard the independence of the judiciary from political influence.

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Congress has investigative powers

The investigative powers of Congress have been defined by congressional practice, negotiations between political branches, and opinions of the Supreme Court. While the Supreme Court rarely engages in discussions about Congress's investigative powers, it has upheld these powers in cases such as McGrain v. Daugherty (1927), where it was ruled that congressional committees could issue subpoenas, compel witness testimony, and hold them in contempt if they failed to comply.

The power of inquiry is also used to inform the public and other members of Congress about corruption, maladministration, or inefficiency in government agencies. This "informing function" was noted in Watkins v. United States (1957), where the Supreme Court recognised that Congress has historically performed this role to publicise issues and ensure that existing laws are properly administered.

Congress's investigative powers are a key part of the checks and balances system in the US government, allowing Congress to shape the judiciary and hold the executive and judicial branches accountable.

Congress can confirm or reject presidential appointments

The United States Constitution divides power in Congress by establishing a bicameral legislature, consisting of the Senate and the House of Representatives. Each chamber has specific roles and responsibilities that contribute to the law-making process and oversight of the federal government.

One of the critical powers vested in Congress is the ability to confirm or reject presidential appointments. This power is derived from the Appointments Clause of the Constitution, which outlines the roles of the President and the Senate in appointing public officials.

The Appointments Clause empowers the President to nominate ambassadors, public ministers, consuls, Supreme Court justices, and other officers of the United States. However, these nominations are subject to the "advice and consent" of the Senate, meaning the Senate must confirm these appointments. The Senate's role in this process is not merely advisory, as the President is not bound to follow their advice. The confirmation process ensures that the President is responsible for their nominations, while the Senate provides a check to secure the fitness of the appointees.

The Senate's power to confirm presidential appointments is a significant check on the executive branch and is essential in maintaining the balance of powers between the branches of government. The Senate has the authority to reject nominees they deem unfit, thereby preventing the President from unilaterally appointing individuals to key positions. This process helps ensure that the individuals appointed to these positions have the necessary qualifications and are aligned with the values and interests of the American people.

While the Senate typically confirms most presidential appointments, there have been instances where nominees have faced significant opposition and debate. In such cases, the Senate may choose to delay or block the confirmation process. Additionally, the Senate has the power to change its rules regarding the number of votes needed to end debate on a nomination and bring it to a vote, further influencing the confirmation process.

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