Congress And Constitution: Partners In Democracy

The United States Congress is the legislative branch of the federal government, established by Article I of the US Constitution. Congress consists of the House of Representatives and the Senate, with the former being composed of members chosen every second year by the people of the states. The Constitution grants Congress the authority to enact legislation and declare war, confirm or reject presidential appointments, and exercise investigative powers. Congress also has the power to levy taxes, regulate commerce, establish laws on bankruptcy, and promote scientific progress. It is responsible for raising and supporting armies, providing for the militia, and governing US territories. Congress assembles at least once a year and each house determines its rules, with the power to judge the elections and qualifications of its members.

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Congress's enumerated powers

Congress is the legislative branch of the US federal government, established by Article I of the US Constitution. The Constitution grants Congress the authority to enact legislation and declare war, confirm or reject Presidential appointments, and conduct investigations. Congress is made up of the House of Representatives and the Senate.

• Lay and collect taxes, duties, imposts, and excises, to pay debts and provide for the defence of the US
• Regulate commerce with foreign nations, and among the states, and with Indian tribes
• Establish uniform rules of naturalization and uniform laws on bankruptcy
• Coin money, regulate its value, and fix the standard of weights and measures
• Provide for the punishment of counterfeiting of US securities and currency
• Promote the progress of science and the useful arts, by securing for limited times the exclusive rights of authors and inventors to their respective writings and discoveries
• Define and punish piracies and felonies committed on the high seas, and offences against the Law of Nations
• Declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water
• Raise and support armies
• Provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions
• Provide for organizing, arming, and disciplining the militia
• Exercise exclusive legislation in all cases over the district that is the seat of the US government, and over places purchased by the consent of state legislatures for the erection of forts, magazines, arsenals, dockyards, and other needful buildings
• Make laws which are necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the US government, or in any department or officer thereof

Congress also has the power to:

• Assemble at least once a year, with a majority of each House constituting a Quorum to do business
• Determine the rules of its proceedings, punish members for disorderly behaviour, and expel members with the concurrence of two-thirds
• Keep a journal of its proceedings, and publish the same, excepting parts that may require secrecy
• Compel the attendance of absent members
• Exercise legislative authority, including establishing an annual budget for the government, levying taxes and tariffs, authorizing borrowing, and mandating spending on specific items
• Conduct investigations, including maintaining the investigative organization, the Government Accountability Office (GAO), which audits and generates reports on government activities

Congress's investigative powers

Congress can investigate conduct that may be criminal, but it cannot bring criminal charges or initiate a prosecution. If a congressional investigation uncovers evidence of criminal activity, Congress may refer the matter to the Department of Justice for further investigation and potential prosecution.

Congressional investigations have been used to uncover wrongdoing, punish transgressors, and produce legislation to prevent similar abuses in the future. Some of the issues probed include interstate commerce, Ku Klux Klan activities, the sinking of the RMS Titanic, Wall Street banking practices, organized crime, anti-union activity, the sale of cotton, and the Vietnam War.

Congressional committees can issue subpoenas, compel witnesses to testify, and hold them in contempt if they fail to comply. Witnesses who lie before a congressional committee can be convicted of perjury. However, Congress cannot investigate the purely private affairs of ordinary citizens, nor can it investigate matters committed to the President's discretion or that are purely judicial in nature.

Congressional rules and procedures

The United States Congress is the legislative branch of the federal government, established by Article I of the US Constitution. It consists of the House of Representatives and the Senate, with all legislative powers vested in Congress.

Congress has the sole authority to enact legislation and declare war, the right to confirm or reject Presidential appointments, and substantial investigative powers. The Constitution grants Congress enumerated powers, including the power to regulate commerce with foreign nations, establish rules of naturalization, coin money, raise and support armies, and provide for the punishment of counterfeiting.

Congress must assemble at least once a year, with each House determining the rules of its proceedings. Each House may punish its members for disorderly behaviour and expel them with a two-thirds concurrence. A majority of each House constitutes a Quorum to do business, but a smaller number may adjourn from day to day.

Congressional procedures include the following: each member who wishes to speak has a limited time, and the number and kind of amendments are usually limited. In the Senate, debate on most bills is unlimited, and Senators may introduce any amendment. Senators can use this to filibuster bills, delaying a vote. A supermajority of 60 Senators can break a filibuster by invoking cloture and forcing a vote. Once debate is over, a simple majority passes the bill. A bill must pass both Houses of Congress before going to the President for consideration.

Congress also has the power to levy taxes and tariffs to fund essential government services and authorize borrowing if necessary. It can mandate spending on specific items through earmarks and maintain investigative organizations like the Government Accountability Office (GAO) to ensure taxpayer dollars are spent efficiently.

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Congressional authority to declare war

The US Constitution grants Congress the authority to declare war. This power is derived from Article I, Section 8 of the Constitution, which states that Congress shall have the power "to declare war, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". This clause, known as the "Declare War Clause", gives Congress the exclusive power to initiate war, either through a formal declaration of war or by authorizing hostile attacks. This power is intended to limit the President's power to direct military action without congressional approval.

The interpretation of the Declare War Clause has been a subject of debate and has evolved over time. While Congress has the sole authority to formally declare war, there have been instances where Presidents have engaged in military conflicts without explicit congressional approval. Past presidential administrations have interpreted the clause as allowing for some flexibility in directing military action, particularly when the United States' involvement in a conflict is limited or when there is an imminent threat.

Congress has, at times, provided statutory authorization for the use of military force without a formal declaration of war. For example, after the September 11, 2001 terrorist attacks, Congress authorized the President to use force against those responsible for the attacks and their supporters. Similarly, Congress authorized the use of force in Iraq in 1991 and 2002, and in Southeast Asia during the Vietnam War. These authorizations can be specific or open-ended, and their interpretation can be a subject of debate.

The War Powers Resolution, passed after the Vietnam War, was intended to reestablish congressional capabilities and prevent unilateral executive action. It requires congressional approval for the deployment of troops to conflict zones and for stationing troops past 60 days. It also mandates routine consultation between the President and Congress during military conflicts. However, there have been instances where Presidents have bypassed this resolution, arguing that certain situations do not require congressional authorization, such as when US leadership is transferred to an organization like NATO.

While Congress has the constitutional authority to declare war, the interpretation and exercise of this power have evolved and continue to be a subject of debate in US foreign policy.

Congressional authority to raise and support armies

The US Constitution grants Congress the authority to raise and support armies. This power is derived from Article I, Section 8, Clauses 11, 12, 13, and 14 of the Constitution, which outline the enumerated powers of Congress. The relevant clause states: "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years."

This authority to raise and support armies is a crucial check on the president's commander-in-chief powers. It gives Congress the ability to decide when to go to war and the extent of military engagements. The power to raise and support armies includes the power to conscript and regulate manpower for military service. The Supreme Court has upheld the constitutional validity of conscription, stating that Congress's power in this regard is "beyond question."

Congress also has the power to fund the military. This includes the authority to approve the military budget for the Department of Defense annually. While the president can veto this budget, it serves as a significant check on the executive branch's war-making powers.

The inclusion of this power in the Constitution was intentional. The Framers, aware of the potential abuse of powers by the English king, vested the authority to raise and support armies in Congress to ensure that standing armies could not be maintained without congressional consent.

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