Malcolm Rivera
Congress is the central law-making body of the United States government, consisting of the House of Representatives and the Senate. It has extensive powers, including the ability to enact legislation, declare war, confirm or reject Presidential appointments, and investigate potential abuses of power. The House of Representatives and the Senate have distinct roles and powers, with the former having the power to initiate revenue bills and impeach the President, and the latter being responsible for ratifying treaties and confirming Presidential appointments. The Constitution grants Congress the authority to shape the judiciary and oversee the budget, while also providing for the separation of powers between the legislative, executive, and judicial branches.
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What You'll Learn
The power to declare war
The United States Constitution grants Congress the power to declare war. This authority is explicitly stated in Article I, Section 8 of the Constitution, which says "Congress shall have the power to... declare war". The Founding Fathers outlined the powers of Congress in the Constitution to establish that the power of the government comes from the people.
Throughout US history, Congress has formally declared war on five separate occasions, with declarations against ten different foreign nations. The first formal declaration of war was against the United Kingdom in 1812, citing impressment of American sailors and violations of US neutrality. Other instances include the Mexican-American War in 1846, which resulted in the Treaty of Guadalupe Hidalgo and expanded US territory, and World Wars I and II, with Germany being the only country the US has formally declared war against twice.
While Congress has the sole authority to declare war, there have been instances where Presidents have used military force without formal declarations or express consent from Congress. Some argue that the President has independent authority to use military force in response to attacks on the United States or in situations that do not amount to war, such as deploying troops as peacekeepers. However, there is ongoing debate about the legal extent of the President's authority in these situations.
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The power to raise and maintain the armed forces
The United States Congress is the chief legislative body of the country, with the authority to make laws. The powers of Congress are implemented by the United States Constitution, with some powers explicitly defined and others assumed to exist.
One of the powers of Congress is the ability to "raise and maintain the armed forces". This power is part of Congress's role in national defence, which also includes the exclusive power to declare war and to make rules for the military. This power is established in Article I, Section 8 of the Constitution, which outlines the ability to "raise and support armies".
Congress's power to raise and maintain the armed forces means that it can authorise the creation and continued existence of the US military. This includes the power to fund the military through taxation and borrowing money, as well as regulating commerce to ensure a steady supply of resources for the military.
Congress also has the power to make rules and laws that govern the conduct of the military. This includes establishing the chain of command, determining the rules of engagement, and setting the standards for military justice. Congress can also exercise oversight over the military to ensure that it is operating effectively and in line with the laws and values of the nation.
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The power to tax and spend
The US Constitution grants Congress the power to tax and spend. The Spending Clause, as it is known, states:
> The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.
This clause has been interpreted in different ways, with some arguing that the "general Welfare" clause grants Congress a broad spending power, while others see it as a limitation on the power to tax. The Origination Clause further stipulates that "All Bills for Raising Revenue shall originate in the House of Representatives", although the Senate can propose amendments.
Congress must authorise by law the collection of government revenues and their expenditure before executive branch agencies are permitted to spend the money. While Congress can fund the government for any length of time, it typically does so annually, in keeping with the spirit of the Constitution's two-year limit on appropriations to fund the army. Congress also publishes reports and holds hearings to comply with the Constitution's directive to provide information on its budgetary decisions.
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The power to create and change laws
The United States Congress is the chief legislative body of the United States. It is made up of the House of Representatives and the Senate, which together have the sole authority to create and change laws.
Congress's power to create and change laws is established by Article I of the U.S. Constitution, which states that "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." This means that Congress has the authority to make laws that govern the United States. The Constitution also grants Congress the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions.
The process of creating and changing laws in Congress begins with the introduction of a bill. Anyone can write a bill, but only members of Congress can introduce legislation. A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected. If the members of the subcommittee agree to move the bill forward, it is reported to the full committee, where the process is repeated. Throughout this stage, the committees and subcommittees call hearings to investigate the merits and flaws of the bill, inviting experts, advocates, and opponents to provide testimony.
After a bill has been considered by the committees and subcommittees, it is voted on by both the House and the Senate. If the bill passes both houses in the same form, it becomes a law. The President then signs the bill into law. However, if the President vetoes the bill, Congress can override the veto by passing the bill again in each chamber with at least a two-thirds majority vote.
In addition to its explicit powers enumerated in the Constitution, Congress also has implied powers that have been assumed to exist. These include the power to investigate and oversee the executive branch, which is facilitated by Congress's subpoena power. This power is crucial for restraining the government, educating the public, and developing effective public policy.
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The power to impeach
The United States Congress is the chief legislative body of the country, with its powers defined by the US Constitution. The Constitution's framers divided the government into three branches – legislative, executive, and judicial – to prevent the concentration of power in a single body, which they believed would result in tyranny.
The House of Representatives and the Senate, which together form Congress, have an equal role in the enactment of legislation. They share several powers, including the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions.
One of the most important powers of Congress is the power to impeach. The House of Representatives has the authority to charge the President and other "civil officers" with wrongdoing. A simple majority vote can impeach an elected official. The power to impeach is an important check on the power of the President, and it has been used on several occasions to hold Presidents accountable for their actions.
Once the articles of impeachment are passed, the Senate then holds a trial to determine whether the charges are true and whether the official should be removed from office. A two-thirds majority vote is required in the Senate to convict and remove the official from office.
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Frequently asked questions
The main power of Congress is to make laws.
Congress has the power to declare war, raise and maintain an army, coin money, regulate commerce, and establish federal courts and their jurisdictions. Congress also has investigative powers and can impeach the President and other civil officers.
The Senate has the power to approve or reject presidential appointments to executive and judicial branch posts, including Supreme Court judges. The Senate also tries impeachment cases referred to it by the House.
The House of Representatives has the power to originate revenue bills and impeach the President and other civil officers.
