Jonah Patel
The US Constitution grants Congress the power 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, with each house empowered to determine its own rules and proceedings, as well as judge the elections, returns, and qualifications of its members. Congress has the authority to levy taxes and tariffs, borrow money, and spend on specific items. It can also establish an annual budget, enact laws, and regulate commerce with foreign nations and among the states.
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What You'll Learn
To levy taxes and tariffs to fund essential government services
The US Constitution grants Congress the power to levy taxes and tariffs to fund essential government services. This authority is derived from Article I, Section 8 of the Constitution, which states that "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, ... but all Duties, Imposts and Excises shall be uniform throughout the United States."
The power to levy taxes and tariffs is fundamental to the government's ability to fund its operations, including national defence, public services, and infrastructure spending. Tax legislation must originate in the House of Representatives through the House Ways and Means Committee. The Senate Finance Committee can then review, amend, and even substitute new tax legislation after it passes the House. Together, these committees shape tax policy.
Historically, Congress played a more active role in levying tariffs directly. However, over time, Congress has delegated some of its tariff powers to the President and the executive branch. This delegation of authority began with the enactment of the Trade Act of 1930, also known as the Smoot-Hawley Act, which allowed the President to enact tariffs to protect American workers. The Reciprocal Trade Agreements Act of 1934 further expanded the President's powers by authorizing him to change tariff rates by 50% and negotiate bilateral trade agreements without additional congressional approval.
Despite these delegations of authority, Congress retains the power to limit or expand the President's tariff powers through legislation. Congress can also enact legislation that enhances administrative procedures and establishes clear guardrails for implementing tariffs. For example, Congress could make tariff decisions subject to review by the Office of Information and Regulatory Affairs or require agencies to issue notices, solicit public input, and incorporate transparency measures before finalizing tariff decisions.
In recent years, there has been a trend towards an increasing executive role in tariff policymaking, with Presidents Trump and Biden exercising aggressive levels of executive authority to raise tariffs on imported goods. This has led to concerns about the impact of tariffs on trade wars, market distortions, and consumer prices.
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To enact legislation and declare war
Article I of the U.S. Constitution grants all legislative powers to a bicameral Congress, which consists of a Senate and a House of Representatives. The legislative process typically begins with the introduction of a bill or resolution in the Senate, where it is subject to the amendatory process by the committee reporting it and by individual Senators. The committee amendments are voted on first, followed by any amendments from the floor. Once the bill has been amended, it is sent to the House, where it undergoes a similar process. The House and Senate have different ways of processing legislation due to their constitutional differences. The House allows a numerical majority to process legislation quickly, while the Senate favours deliberation and provides significant procedural leverage to individual Senators.
Both chambers have the power to enact legislation, but only the House can originate revenue legislation, and only the Senate confirms presidential nominations and approves treaties. However, the enactment of a law requires both chambers to separately agree to the same bill before presenting it to the President. The President has some influence in the legislative process, as they recommend an annual budget for federal agencies and suggest legislation. They also have the power to veto legislation, which can affect the content of bills passed by Congress.
In addition to its legislative powers, Congress also has the power to declare war. This power is derived from the collective capacity of the colonies as the United States of America, which exercised the powers of war and peace, raised an army, and created a navy. The power to declare war implies the ability to raise and support armies and provide and maintain a navy to prosecute the war.
Congress's power to declare war has been interpreted broadly and has been used in various military conflicts, including the Quasi-War with France, the War of 1812, the Mexican War, the Civil War, the Spanish-American War, World War I, World War II, the Cold War, the Korean War, and the Vietnam War.
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To confirm or reject presidential appointments
The United States Constitution gives Congress the power to confirm or reject presidential appointments. This power is known as the Appointments Clause and appears at Article II, Section 2, Clause 2. The Appointments Clause distinguishes between officers of the United States who must be appointed with the advice and consent of the Senate, and those who may be specified by acts of Congress. The Senate must confirm certain principal officers, including ambassadors, Cabinet secretaries, and federal judges. However, Congress may by law invest the appointment of "inferior" officers to the President alone, or to courts of law or heads of departments.
The Appointments Clause functions as a restraint on Congress and as an important structural element in the separation of powers. The framers of the Constitution were concerned that Congress might seek to exercise the appointment power and fill offices with their supporters, undermining the President's control over the executive branch. The Appointments Clause thus limits Congress's role to providing advice and consent on appointments and deciding whether to vest direct appointment power in the President, a head of department, or the courts of law.
The process for reviewing potential presidential appointments typically includes a thorough vetting process conducted by the transition team and White House officials. This process can include reviewing forms and questionnaires, conducting interviews with the candidate and associated individuals, and searching for public information that may be controversial or embarrassing for the administration or candidate. Requirements and expectations can vary across administrations and may change as new issues arise.
Once a candidate is nominated by the President, the White House transmits the nomination to the Senate for confirmation. The Senate will refer each nomination to a committee with relevant jurisdiction over the appointment, such as the Senate Foreign Relations Committee for ambassadors and State Department positions. Senators and/or committee staff may meet with the nominee to discuss policy positions and background issues before a confirmation hearing. The nominee must carefully prepare for these meetings to address the concerns of the senators and their staff.
The Senate's role in providing advice and consent to presidential appointments is essential for maintaining a balance of powers and ensuring qualified individuals are appointed to key positions in the government. While the President has the plenary power to nominate political appointees, the Senate's confirmation process helps ensure transparency and accountability in the appointment process.
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To establish an annual budget
The US Constitution grants Congress the authority to establish an annual budget, a power referred to as the "power of the purse." Article I, Section 9, Clause 7, known as the Appropriations Clause, states: "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time." This clause establishes Congress's authority over the federal budget, including spending and taxes.
The "power of the purse" is further reinforced by Article I, Section 7, Clause 1, which states: "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 provision ensures that the House of Representatives, as the direct representative of the people, holds the primary power to initiate taxation and spending decisions.
Over time, the budget process has evolved, with Congress delegating some preliminary budget-setting functions to the Executive Branch. The Budget and Accounting Act of 1921 centralized many budgeting functions with the President, who submits a draft budget to Congress annually. The Congressional Budget Act of 1974 established an internal process for Congress to formulate and enforce an annual budget plan, though Congress has occasionally ignored this process.
Congress's power to establish an annual budget is not unlimited and is subject to certain restrictions. For example, Congress must exercise its spending power in pursuit of the general welfare, and any conditions placed on federal funding to states must be unambiguous. Additionally, Congress has operated under statutory budget-control mechanisms, such as the Budget Enforcement Act and the Budget Control Act, which imposed temporary limits on discretionary spending.
The annual budget process involves coordination between Congress and the President. The President proposes annual budget guidelines, which are considered and amended by House and Senate committees. Differences between appropriations bills from the House and Senate are then reconciled, and the final budget is approved by both chambers before being signed by the President.
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To make laws
Article I of the U.S. Constitution establishes the legislative branch of the U.S. government, which consists of the House of Representatives and the Senate, together forming the United States Congress. The Constitution grants Congress the authority to make laws, which are necessary and proper for executing the powers vested in the government and its departments. This includes the power to levy taxes, tariffs, and duties to fund essential government services and pay off debts. Congress can also authorize borrowing if there is a funding shortfall.
Congress has the power to make laws relating to the regulation of commerce with foreign nations, among the states, and with the Indian tribes. They can establish uniform rules for naturalization and bankruptcy laws across the United States. Additionally, Congress has the authority to coin money, regulate its value, and fix the standards of weights and measures.
Congress can also make laws to promote the progress of science and the useful arts by granting exclusive rights to authors and inventors for their writings and discoveries for a limited time. They also have the power to define and punish piracies, felonies committed at sea, and offences against the law of nations.
The legislative process begins with the introduction of a bill to Congress. While anyone can write a bill, only members of Congress can introduce legislation. These bills undergo review by appropriate committees in the Senate and House, which oversee specific policy areas. Once a bill passes both houses of Congress, it goes to the President for consideration. The President can approve the bill, signing it into law, or disagree with it, returning it to Congress with their objections.
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Frequently asked questions
The US Congress is made up of the House of Representatives and the Senate. It is the legislative branch of the federal government of the United States.
The Constitution grants Congress the power to enact legislation, declare war, confirm or reject Presidential appointments, and conduct investigations. Congress also has the power to levy taxes and tariffs, borrow money, and mandate spending.
Anyone can write a bill, but only members of Congress can introduce legislation. A bill must pass both houses of Congress before going to the President for consideration. If the President agrees with the bill, they can sign it into law.
A Representative must be at least 25 years old, have been a US citizen for at least seven years, and be an inhabitant of the state they are chosen to represent.
