The Us Congress: Constitutional Design And Dynamics

Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress enumerated powers and the ability to pass laws necessary and proper to carry out those powers. It also establishes the procedures for passing a bill and limits the powers of Congress and the states to prevent abuse. The Vesting Clause of Article One grants all federal legislative power to Congress and, in combination with the vesting clauses of Articles Two and Three, establishes the separation of powers among the three branches of the federal government.

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Congress's legislative powers

Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Congress is a bicameral legislature, consisting of the House of Representatives and the Senate. Article One grants Congress enumerated powers, including the ability to pass laws \"necessary and proper\" to carry out those powers.

Congress has the power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States. It can make all laws necessary and proper for carrying into execution the foregoing powers and all other powers vested by the Constitution in the government of the United States, or in any department or officer thereof. This includes the power to exercise exclusive legislation in all cases over the District that becomes the seat of the government of the United States, not exceeding ten miles square, as well as over all places purchased by the consent of the legislature of the state for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

Congress also has the power to regulate commerce with foreign nations, among the several states, and with the Indian tribes. It can establish uniform laws on the subject of bankruptcies throughout the United States, as well as coin money and regulate its value. In addition, Congress has the power to fix the standards of weights and measures, establish post offices and post roads, promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries, and constitute tribunals inferior to the supreme Court.

Congress is responsible for defining and punishing piracies and felonies committed on the high seas and offences against the law of nations. It has the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. Congress can also raise and support armies, but no appropriation of money for this use shall be for a longer term than two years. It can provide and maintain a navy, and provide for organizing, arming, and disciplining the militia.

Congress has the power to make rules for the government and regulation of the land and naval forces, and to govern and regulate the militia when in the service of the United States, appointing the officers and exercising jurisdiction over them. It can also provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.

Congressional compensation

The Twenty-seventh Amendment to the United States Constitution, also known as the Congressional Compensation Act of 1789, states that:

> No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

In other words, any law that increases or decreases the salary of members of Congress may only take effect after the next election of the House of Representatives has occurred. The amendment was proposed to reduce corruption in the legislative branch by allowing the public to remove members of Congress from office before their salaries increase. It also prevents members of Congress from being more loyal to specific interests or states than to the good of the nation as a whole.

The amendment was ratified on May 7, 1992, and is the most recent addition to the Constitution. However, it was one of the first proposed amendments, having been submitted to the states for ratification on September 25, 1789, along with 11 other proposed amendments. The amendment was largely forgotten until 1982, when Gregory Watson, a student at the University of Texas at Austin, wrote a paper arguing that it was still relevant and could be added to the Constitution. Watson later launched a nationwide campaign to complete its ratification.

It's worth noting that federal courts have determined that the amendment does not affect cost-of-living adjustments issued by Congress. While pay rates for members of Congress cannot be changed until after the general elections, fluctuations in salary to meet cost-of-living requirements are not subject to the same restriction.

Congressional term limits

The idea of congressional term limits has been around since the early days of the United States. The Articles of Confederation, adopted in 1781, established term limits for delegates of the Continental Congress, stating that "no person shall be capable of being a delegate for more than three years in any term of six years". Thomas Jefferson also urged a limitation of tenure "to prevent every danger which might arise to American freedom by continuing too long in office the members of the Continental Congress".

However, congressional term limits have faced a challenging path. Since 1787, only 27 amendments have been added to the Constitution, with the most recent, the 27th Amendment, becoming part of the Constitution in 1992. This amendment bars Congress from changing its pay rate during its two-year term. While there have been efforts to establish congressional term limits, such as the ""Contract With America" Republican platform in the 1994 US elections, which included legislation for term limits in Congress, these have largely been unsuccessful. A bill proposing term limits of two six-year terms for senators and six two-year terms for members of the House received only a bare majority, falling short of the two-thirds majority needed for constitutional amendments.

The movement for federal term limits has also faced defeat in Congress and has been overridden by the Supreme Court. However, term limits for state legislatures remain in force in 15 states. There is still support for congressional term limits, with organizations like U.S. Term Limits advocating for an Article V convention to propose a constitutional amendment specifically for congressional term limits. In a 2023 Pew Research Center survey, 87% of respondents supported term limits for members of Congress, and 83% favoured a constitutional amendment to establish these limits.

Despite the challenges, some progress has been made. After World War II, an officeholder class developed, and congressional tenure began to rival that of the US. Franklin D. Roosevelt was the only president to serve more than two terms, winning a third term in 1940 and a fourth term in 1944, though he died early into his fourth term. This led to a successful move to formalize the two-term limit for presidents by amending the US Constitution. As ratified in 1951, the Twenty-Second Amendment states that "no person shall be elected to the office of President more than twice".

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Congressional oversight of elections

The U.S. Constitution grants Congress the authority to oversee federal elections and ensure their fairness and security. Congressional oversight of elections involves various committees and activities that work to uphold the integrity of the electoral process.

The Constitution outlines the role of Congress in regulating the “times, places, and manner of holding elections for Senators and Representatives." While the state legislatures prescribe these aspects, Congress can make or alter regulations as needed. This provision ensures that Congress has a degree of oversight and influence over the election process.

The EAC, established under the Help America Vote Act of 2002, plays a crucial role in assisting states with election administration and improving election processes. The EAC's congressional oversight committees work to enhance voter confidence, address election irregularities, combat misinformation, and ensure secure voting, as seen in the 2020 election hearings.

Congressional oversight also extends to the review and monitoring of agency budgets and existing programs. The Legislative Reorganization Act of 1946 and 1970 enhanced this oversight by authorizing standing committees to continuously watch over programs and agencies, conduct investigations, and access professional staff and resources for their inquiries.

While the Constitution does not explicitly grant Congress investigative powers, oversight is implied as an inherent power of representative assemblies. Congressional oversight of elections aims to ensure compliance with laws, address scandals or executive branch issues, and maintain public trust in the electoral process.

Congressional power to regulate interstate commerce

The Commerce Clause, as outlined in Article I of the US Constitution, gives Congress the power to regulate interstate commerce. This clause has been interpreted broadly by the Supreme Court, which has held that Congress can regulate intrastate activity if it has a "substantial economic effect" on interstate commerce. This power extends to regulating interstate navigation and the movement of goods and people across state lines.

The Supreme Court's interpretation of the Commerce Clause has evolved significantly over time. Early cases, such as Gibbons v. Ogden in 1824, focused on interpreting the meaning of "commerce" and held that congressional power included the regulation of interstate navigation. Starting in 1937, with NLRB v. Jones & Laughlin Steel Corp, the Court began to recognize broader grounds for regulating state activity under the Commerce Clause, including the "substantial economic effect" standard.

In the mid-20th century, the Court continued to interpret the Commerce Clause broadly, upholding federal regulation of businesses that served mostly interstate travelers (Heart of Atlanta Motel v. United States, 1964) and recreational facilities that purchased goods from outside their state (Daniel v. Paul, 1969). The Court also held that Congress could regulate the channels of commerce to keep them "free from the transportation of illicit or harmful articles," such as in the case of United States v. Sullivan in 1948, which involved the misbranding of pharmaceutical drugs transported in interstate commerce.

However, in 1995, the Court began to curtail Congress's power under the Commerce Clause, returning to a more conservative interpretation. In United States v. Lopez, the Court struck down the Gun-Free School Zones Act of 1990, holding that Congress could only regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. The Court rejected the government's argument that gun possession in a school zone would affect general economic conditions and thereby fall under the Commerce Clause.

The Commerce Clause also indirectly affects state governments through the Dormant Commerce Clause, which prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce. While the Court's early interpretations focused on limiting state power under the Dormant Commerce Clause, more recent cases have restricted congressional use of the Commerce Clause to authorize federal control of economic matters.

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