Simone Lawson
The United States Congress is made up of the House of Representatives and the Senate, with 100 senators serving in total. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject presidential appointments, and substantial investigative powers. Congress has a wide range of powers, including the power to lay and collect taxes, to borrow money, to regulate commerce, to establish rules for naturalization and bankruptcy, to coin money, to provide for the punishment of counterfeiting, to promote the progress of science and the arts, and to constitute tribunals. Congress also has the power to impeach and remove the President, federal judges, and other federal officials.
| Characteristics | Values |
|---|---|
| Number of houses | Two: the Senate and the House of Representatives |
| Number of members in the Senate | 100 |
| Members in the House of Representatives | 435 |
| Powers | To lay and collect taxes, borrow money, regulate commerce, coin money, declare war, raise and support armies, and make all laws necessary for the execution of its powers |
| To confirm or reject Presidential appointments | |
| To establish the federal courts and their jurisdictions | |
| To enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution | |
| To establish an annual budget for the government | |
| To mandate spending on specific items | |
| To override presidential vetoes | |
| To impeach |
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What You'll Learn
Power to declare war
Congress, as the central law-making body, has a wide range of powers and responsibilities. The US Constitution, in Article I, grants Congress the authority to enact legislation and declare war, among other powers.
The power to declare war is a significant responsibility of Congress. This power, established in Article I, Section 8, Clause 11 of the Constitution, allows Congress to make critical decisions regarding the nation's security and foreign affairs. It is an explicit grant of authority, indicating that the Founding Fathers intended for Congress to have a substantial say in matters of war and peace.
The Continental Congress, which represented the thirteen colonies during the American Revolution, originally exercised the powers of war and peace. After the colonies' separation from Great Britain, these powers transitioned to the United States of America as a collective entity. The power to declare war is inherently linked to the power to wage war, raise and support armies, and maintain a navy, as Chief Justice Marshall suggested in McCulloch v. Maryland (1819).
In addition to declaring war, Congress can also regulate the Armed Forces and provide for the common defense. This includes raising and funding armies, regulating commerce, and establishing rules of immigration and naturalization. These powers enable Congress to ensure the country's military readiness and respond to national security threats effectively.
The power to declare war is a crucial check and balance within the US government. It prevents the concentration of power in a single branch, as the Founding Fathers intended, and ensures that significant decisions regarding war and peace are made through a democratic process. This power dynamic between Congress and the President is essential for maintaining a balanced and effective national security policy.
The Constitution: Limiting Congressional Powers, Ensuring Liberty
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Authority to make laws
Congress, the legislature of the United States of America, is the central law-making body of the country. It consists of two houses: the Senate and the House of Representatives.
The Constitution grants Congress the authority to make laws. This is considered to be Congress's most important power. Congress writes, debates, and passes legislation into law. A bill, or proposed law, only becomes a law after both the House of Representatives and the Senate have approved it in the same form. The two houses share other powers, many of which are listed in Article I, Section 8 of the Constitution. These include 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.
Congress also has the power to levy and collect taxes and to appropriate funds, which gives it considerable authority in fiscal matters. Congress establishes an annual budget for the government and levies taxes and tariffs to provide funding for essential government services. If enough money cannot be raised to fund the government, Congress may authorize borrowing to make up the difference. Congress can also mandate spending on specific items, known as "earmarks," which specify funds for a particular project rather than for a government agency.
Congress also has investigative powers, which are an important tool for developing effective public policy, conducting oversight, and informing the public. Congress can investigate the misuse of federal funds and abuses of power, and gather information needed to create new legislation. The House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs are devoted to overseeing and reforming government operations, and each committee conducts oversight in its policy area. Congress also maintains an investigative organization, the Government Accountability Office (GAO), which audits and generates reports on every aspect of the government.
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Oversight of the executive branch
Congress, as the central law-making body, has the power to oversee the executive branch, which is an important check on the President's power. This is achieved through hearings, with the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs devoted to overseeing and reforming government operations.
Congress also has investigative powers, with the ability to compel the production of evidence or testimony. This power is used to investigate the misuse of federal funds and abuses of power, as well as to gather information to create new legislation. The Government Accountability Office (GAO) is a key investigative organisation within Congress, auditing and generating reports on government operations.
The Senate also has the power to confirm or reject Presidential appointments, and both the Senate and the House of Representatives must approve a bill before it becomes a law. The Senate can also break a filibuster with a supermajority of 60 senators, and the House of Representatives has the power of impeachment, with a two-thirds majority required for conviction.
Through these mechanisms, Congress can effectively oversee the executive branch, ensuring a balance of power and providing a check on the President's discretion in implementing laws and making regulations.
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Power to impeach
The United States Constitution grants Congress the power to impeach federal officials. The House of Representatives has the "sole Power of Impeachment" as outlined in Article I, section 2, and the Senate has the "sole Power to try all Impeachments" as per Article I, section 3. This means that the House of Representatives charges an official, and the Senate sits as a High Court of Impeachment to hear the case and vote to convict or acquit. The Constitution requires a two-thirds majority in the Senate to convict, and the penalty is removal from office. The impeached official may also be barred from holding public office in the future.
The power to impeach is a fundamental component of the system of "checks and balances" in the US Constitution. It allows Congress to hold federal officials accountable for their actions and ensures that no individual or branch of government becomes too powerful. The practice of impeachment originated in England and was later adopted by the framers of the US Constitution. It has been used by Congress to impeach presidents, vice presidents, state governors, and other civil officers of the United States.
The impeachment process is not punitive but remedial, and it does not prevent further criminal or civil proceedings. The president of the United States cannot grant a pardon in an impeachment case, further highlighting the importance of this process in holding public officials accountable.
The grounds for impeachment are outlined in the Constitution as "Treason, Bribery, or other high Crimes and Misdemeanors." However, the exact definition of "high Crimes and Misdemeanors" has been debated and is not explicitly defined in the Constitution. This allows for flexibility in interpreting and applying the impeachment process to various offences against the state.
In summary, the power to impeach is a significant tool for Congress to maintain a balance of power and ensure that federal officials uphold their duties and responsibilities. It is a process that has been used throughout US history to address corruption, abuse of power, and other serious offences.
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Ability to raise and support an army
The United States Congress is made up of the House of Representatives and the Senate. The Constitution grants Congress the authority to make laws, and investigative powers.
Congress has the power to raise and support an army. This power is derived from Article I, Section 8 of the US Constitution, which states that Congress has the power " [t]o raise and support Armies". This power is further reinforced by the Supreme Court, which has acknowledged Congress's "broad constitutional power" to raise and regulate armies and navies.
The ability to raise and support an army is a significant responsibility of Congress. It includes the authority to establish, fund, and maintain military forces, including land forces (armies) and naval forces (navies). This power is essential to ensure the defence and security of the nation.
The power to raise and support an army is not without limitations, however. The Framers of the Constitution, aware of the potential dangers of standing armies, included a provision limiting the appropriation of money for this purpose to a maximum of two years. This limitation, known as the "appropriations clause," states that "no Appropriation of Money to that Use shall be for a longer Term than two Years." This provision ensures that the funding of the military is regularly reviewed and approved by Congress, preventing the maintenance of a standing army without congressional consent.
In addition to the appropriations clause, Congress's power to raise and support an army is also subject to other constitutional constraints, such as the need to respect the rights of the states and the prohibition of involuntary servitude under the Thirteenth Amendment. The Supreme Court has upheld the paramount power of Congress in this regard, rejecting challenges to conscription and compulsory service laws.
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Frequently asked questions
The United States Congress is made up of the House of Representatives and the Senate. Each state is represented by two senators, with a total of 100 members serving in the US Senate. The US territories and the District of Columbia are not represented in the Senate. The US House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population.
Congress has several powers, including the power to declare war, to raise and maintain armed forces, and to make rules for the military. Congress also has the power to impeach and remove the President, federal judges, and other federal officers. Additionally, Congress can approve treaties made by the executive branch, and confirm or reject Presidential appointments. Congress also has the power to lay and collect taxes, duties, imposts, and excises, and to borrow money on the credit of the United States.
Congress is constantly changing and in flux, reflecting the diversity of the country. It is made up of committees that oversee specific policy areas, with subcommittees taking on more specialized areas. Bills are first considered in a subcommittee, where they may be accepted, amended, or rejected. If a bill is accepted, it is reported to the full committee, where the process is repeated. Committees and subcommittees call hearings to investigate the merits and flaws of a bill, inviting experts, advocates, and opponents to provide testimony.
