Omar Bennett
The United States Congress is made up of the House of Representatives and the Senate, and is one of the three coequal branches of government with significant powers as ascribed by the Constitution. The legislative powers of the United States Congress are explicitly stated in the Constitution, and the two main constitutional powers of Congress are its legislative power and its impeachment power.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in the Congress of the United States, which consists of a Senate and House of Representatives |
| Election of Senators and Representatives | Members chosen every second year by the people of the various states |
| Powers | To lay and collect taxes, borrow money, regulate commerce, establish citizenship laws, coin money, regulate weights and measures, raise and support armies, provide for the militia, enact legislation, declare war, confirm or reject presidential appointments, impeach, and more |
| Impeachment | The House of Representatives brings articles of impeachment, and the Senate tries them |
| Necessary and Proper Clause | Can create laws deemed "necessary and proper" to carry out the laws of the land |
| Investigative Powers | Can compel the production of evidence or testimony |
Explore related products
$71.95 $71.95
What You'll Learn
Power to tax and spend
The US Constitution grants Congress the power to tax and spend. This power is derived from Article I, Section 8, Clause 1 of the Constitution, also known as the Spending Clause, which 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 gives Congress the authority to impose and collect taxes, duties, imposts, and excises to fund the country's operations, pay off debts, and promote the general welfare. It also ensures uniformity in taxation throughout the United States.
The Origination Clause, found in Article I, Section 7, Clause 1 of the Constitution, outlines the legislative process for enacting tax and spending laws. It stipulates that "All Bills for Raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills." This clause ensures that tax legislation originates in the House of Representatives, allowing for a democratic process where representatives directly elected by the people have a direct say in tax-related matters.
The Necessary and Proper Clause, found in Article I, Section 8, Clause 18, grants Congress the authority to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution." This clause provides Congress with the flexibility to enact legislation required to execute its powers, including those related to taxation and spending.
In addition to these powers, Congress is responsible for overseeing the executive branch's spending. Congress must authorize the collection of government revenues and their expenditure before executive branch agencies can spend any money. This authorization occurs through the annual budgeting process, where Congress decides how much money will be allocated to different government departments and programs. Congress also ensures transparency in its budgetary decisions by publishing information through reports from legislative support agencies and hearings.
Constitutional Corporation: Pty Ltd Company Status Explained
You may want to see also
Authority to create laws
Article I of the U.S. Constitution outlines the legislative powers of the United States Congress. The Constitution grants Congress the authority to create laws, which is vested in the Senate and the House of Representatives. This means that Congress has the power to make new laws and change existing ones.
Article I, Section 8 of the Constitution outlines the enumerated powers of Congress, which include the power to tax and spend for the general welfare and common defence, to borrow money, and to regulate commerce with states, other nations, and Native American tribes. Congress also has the authority to establish citizenship naturalization laws and bankruptcy laws.
The Necessary and Proper Clause, found in Article I, Section 8, Clause 18, gives Congress the power to create laws that are necessary and proper to carry out the laws of the land. This includes the power to coin money, regulate its value, and fix the standard of weights and measures. Congress also has the authority to provide for the punishment of counterfeiting and to promote the progress of science and useful arts by securing exclusive rights to authors and inventors.
Congress has the power to raise and support armies, call forth the militia to execute laws, suppress insurrections, and repel invasions. It also has the authority to organize, arm, and discipline the militia. Additionally, Congress has the power to make laws regarding the erection of forts, magazines, arsenals, dockyards, and other necessary buildings.
The legislative process in Congress involves both the Senate and the House of Representatives. A bill must pass both houses before going to the President for consideration. The President may veto bills passed by Congress, but Congress can override a veto with a two-thirds vote in both chambers. This process allows Congress to exercise its authority to create and change laws.
The US Constitution and Subpoena Power
You may want to see also
Impeachment powers
The impeachment process is a crucial aspect of the US political system, serving as a check on the executive and judicial branches. The US Constitution grants Congress the authority to impeach federal officials, including the President, Vice President, and all civil officers. This power is vested solely in the House of Representatives, which can initiate impeachment proceedings by approving articles of impeachment through a simple majority vote. Once the articles are adopted, the official is impeached.
The House of Representatives plays a pivotal role in the impeachment process. It acts as the prosecutor, bringing charges against the official for wrongdoing, which can include "treason, bribery, and other high crimes and misdemeanors." The definition of "high crimes and misdemeanors" has been a subject of debate and has evolved through the practice of impeachments. The House has initiated impeachment proceedings over 60 times, demonstrating its active role in upholding accountability.
After the House impeaches an official, the Senate conducts an impeachment trial, sitting as a High Court of Impeachment. The Senate has the sole power to try and convict or acquit the impeached official. In the case of a presidential impeachment trial, the Chief Justice of the United States presides. The Senate considers the evidence, hears witnesses, and votes on the verdict. A two-thirds majority is required to convict, and the penalty for conviction is removal from office and potential disqualification from holding future elected offices.
The impeachment process underscores the system of checks and balances in the US government. It empowers Congress to hold government officials accountable for their actions, ensuring that they uphold the law and act in the public's best interests. The process also provides a mechanism for addressing misconduct and abuses of power, reinforcing the integrity of the political system.
The US Constitution: Its Function and Purpose
You may want to see also
Explore related products
Declare war
The US Constitution grants Congress the power to "declare war". This is outlined in Article One, Section Eight, which states that "Congress shall have power to... declare War". This power is exclusive to Congress, and it holds the sole authority to issue formal war declarations.
The power to declare war is distinct from the power to "make war". The latter was changed to "declare war" during the Federal Convention of 1787. This change was made to ensure that the executive branch has the power to repel sudden attacks, but not to initiate war without the explicit approval of Congress.
Congress has exercised this power on a limited number of occasions. The first formal declaration of war was issued on June 18, 1812, against the United Kingdom, marking the beginning of the War of 1812. This was followed by declarations of war against Mexico in 1846, Germany and Austria-Hungary during World War I, and Japan, Italy, and Germany during World War II.
The War Powers Resolution, passed by Congress in 1971, sought to limit the president's power to wage war. It recognised the president's power to engage in armed conflict only in specific circumstances, such as a declaration of war by Congress, a national emergency created by an attack on the United States, or a statutory authorisation.
Winner-Take-All System: Constitutional or Not?
You may want to see also
Confirming appointments
The US Constitution grants Congress several powers, including the power to confirm appointments. This power is outlined in the Appointments Clause, which appears in Article II, Section 2, Clause 2 of the Constitution. The clause distinguishes between two types of officers: principal officers and inferior officers. Principal officers, such as Supreme Court Justices, are selected by the President with the advice and consent of the Senate. On the other hand, Congress may allow inferior officers to be appointed by the President alone, the judiciary, or department heads.
The Appointments Clause serves as a check on the power of Congress and the President. By requiring the advice and consent of the Senate, the clause prevents Congress from appointing their supporters to office and ensures a measure of accountability for the President's choices. The President has the plenary power to nominate political appointees, but the Senate's role is advisory, and their confirmation is necessary for the appointee to take office.
The confirmation process for Senate-confirmed appointments can be challenging and intimidating. Nominees must complete background investigations, financial disclosure forms, and committee questionnaires. They should also be prepared for serious scrutiny from the Senate during their confirmation hearing. Nominees can increase their chances of confirmation by seeking guidance from staff, rehearsing answers to tough questions, and anticipating topics of interest to senators.
While the Appointments Clause specifically mentions certain positions, such as ambassadors, ministers, consuls, and Supreme Court judges, the exact reach of the clause has been disputed. The Supreme Court has interpreted the clause to include principal officers with significant authority, but the distinction between principal and inferior officers remains controversial.
In conclusion, the power to confirm appointments is an important constitutional power of Congress. By requiring the advice and consent of the Senate, this power ensures a check on the executive branch and promotes accountability in staffing important government positions. The confirmation process can be rigorous, but it ultimately helps to ensure that qualified individuals are appointed to serve the public and the President.
The Constitution and Religion: A Mentioned Relationship
You may want to see also
