Omar Bennett
The Constitution of the United States grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject Presidential appointments, and substantial investigative powers. The Legislative Branch, established by Article I of the Constitution, consists of the House of Representatives and the Senate, which together form the United States Congress. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population, and 6 non-voting members representing the District of Columbia, Puerto Rico, and four other US territories. The Senate is composed of two Senators from each state, chosen by the legislature for six-year terms. Congress is responsible for passing laws, levying taxes, and exercising exclusive legislation over the District of Columbia and other places purchased with the consent of the state legislature. While the Constitution emphasizes the separation of powers between the legislative, executive, and judicial branches, the extent to which Congress can delegate its legislative power remains a subject of debate.
| Characteristics | Values |
|---|---|
| Number of members | 435 elected members, divided among 50 states in proportion to their total population, and 6 non-voting members |
| Members' age | At least 25 years old |
| Members' citizenship | Citizen of the United States for at least 7 years |
| Members' residence | Inhabitant of the state in which they are chosen |
| Powers | Enact legislation, declare war, confirm or reject Presidential appointments, investigate, borrow money, mandate spending, establish an annual budget, levy taxes and tariffs, regulate commerce, and define and punish piracies and felonies |
| Legislative process | Introduction of a bill, referral to a committee for review, debate, vote, and approval by each chamber |
| Legislative power | Vested in a Congress of the United States, which consists of a Senate and House of Representatives |
| Legislative Vesting Clause | May prohibit Congress from giving away its power to the Executive Branch, judiciary, or a private entity |
| Separation of powers | Prevent the concentration of distinct forms of government power in the same entity |
| Checks and balances | Each House is the judge of the elections, returns, and qualifications of its members |
| Meetings | At least once a year, on the first Monday in December, unless a different day is appointed by law |
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What You'll Learn
Separation of powers
The United States Constitution establishes a system of separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. This system, rooted in classical political philosophy, aims to prevent tyranny and protect liberty by distributing power among these branches.
The legislative branch, established by Article I of the Constitution, consists of the House of Representatives and the Senate, together forming the United States Congress. Congress holds the sole authority to enact legislation, declare war, confirm or reject presidential appointments, and conduct investigations. It is also responsible for establishing the government's annual budget, levying taxes, and authorising borrowing if necessary.
The executive branch is headed by the President, who has the power to execute the laws enacted by Congress and to delegate certain tasks, such as providing pensions to wounded war veterans. The President also plays a role in the legislative process by signing or rejecting bills passed by Congress.
The judicial branch, composed of federal courts, is responsible for interpreting the laws and ensuring they are applied fairly and consistently. This branch also handles cases of impeachment, where a public official may be removed from office and face further legal consequences.
While the Constitution outlines the separation of powers, there have been debates and ambiguities regarding the extent of power delegated among the branches. James Madison, a prominent figure in the creation of the Constitution, emphasised the importance of separating powers to prevent tyranny. However, the Constitution's silence on explicit limits has led to discussions on the permissible delegation of legislative power to the executive or judicial branches.
In conclusion, the United States Constitution's separation of powers divides the government into legislative, executive, and judicial branches, each with distinct roles and responsibilities. This system aims to protect against tyranny and ensure a balanced distribution of power, with ongoing discussions shaping the understanding and implementation of this foundational principle.
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Congressional authority
The United States Congress, established by Article I of the Constitution, holds all legislative power. It consists of the House of Representatives and the Senate, which work together to pass laws.
Congress has the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and investigate issues. The House of Representatives has the sole power of impeachment.
Congress can also exercise exclusive legislation over the District that is the seat of the US government, and over places purchased with the consent of the state legislature for the erection of forts, arsenals, and other buildings. Congress can also levy taxes and tariffs to fund the government and may authorize borrowing if funds are insufficient.
The legislative process begins with the introduction of a bill to Congress. A bill can be introduced by anyone, but only members of Congress can propose legislation. Bills are then referred to the appropriate committees for review. Once a bill has passed both houses of Congress, it goes to the President for consideration.
The Constitution's Framers debated the separation of powers, with James Madison arguing for a partition of power among departments to prevent tyranny. However, the extent to which Congress can delegate its legislative power to other branches or entities remains unclear.
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Legislative process
The legislative branch, established by Article I of the US Constitution, consists of the House of Representatives and the Senate, which together form the United States Congress. Congress holds the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and exercise investigative powers.
The legislative process begins with the introduction of a bill to Congress. Any member of the House of Representatives may introduce a bill by placing it in the "hopper" at the side of the Clerk's desk in the House Chamber. The bill is then assigned a legislative number by the Clerk and referred to the committee of jurisdiction, which is the committee charged with reviewing the bill. The House of Representatives divides its work among over twenty permanent committees, each overseeing a specific policy area. The committees are not set in stone, and they change in number and form with each new Congress as required for the efficient consideration of legislation.
Once a bill is introduced and referred to the committee of jurisdiction, the committee will often send the measure to its specialized subcommittee(s) for study, hearings, revisions, and approval. The first step in this process is usually a public hearing where the committee or subcommittee members hear witnesses representing various viewpoints on the measure. After being reviewed by the committee, a bill is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority, it moves to the Senate.
In the Senate, the bill is assigned to another committee and, if released, debated and voted on. If the Senate makes changes, the bill must return to the House for concurrence. A bill must pass both houses of Congress before it goes to the President for consideration. Once a bill has passed both houses of Congress, it is presented to the President for approval. The President has the power to veto legislation, which can significantly affect the content of bills passed by Congress. As such, Congress typically must accommodate the President's position on proposed policies.
Congress also has the power to enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution. This includes establishing an annual budget for the government, levying taxes and tariffs to provide funding for essential government services, and authorizing borrowing if enough money cannot be raised to fund the government.
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Congressional investigative powers
The US Constitution states that "all legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives". While the Constitution does not expressly mention congressional investigations or oversight, the authority to conduct investigations is implied since Congress possesses "all legislative powers". The Supreme Court has affirmed that the framers intended for Congress to seek out information when crafting or reviewing legislation.
Congressional investigations are used to achieve a number of purposes, but legislative inquiries primarily serve to gather information valuable for considering and producing legislation. This can include information on matters of national importance, oversight of federal departments and executive agencies, and considering pending legislation. Hearings are also used to investigate issues that may require future legislation, and to investigate and oversee federal programs.
Congress's investigative powers are broad, but not unlimited. They are tied to its authority to legislate, and the Supreme Court has ruled that Congress must confine itself to "legislative purposes" and avoid the strictly private affairs of individual citizens. Congress cannot, under the guise of an investigation, usurp the powers of another branch of government, nor can it investigate matters committed to the President's discretion. For example, Congress could not investigate an individual's entitlement to a pardon, as the Constitution grants pardon power to the President.
Congressional committees can issue subpoenas, compel witnesses to testify, and hold them in contempt if they fail to comply. Witnesses appearing before a congressional committee are entitled to require the committee to demonstrate its authority to inquire into their activities and show that the questions are pertinent to the committee's area of inquiry.
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Impeachment
The United States Constitution establishes a system of government with three separate branches: the legislative, executive, and judicial. The legislative branch, also known as Congress, is comprised of the House of Representatives and the Senate, and holds substantial legislative power. This includes the authority to enact legislation, declare war, confirm or reject Presidential appointments, and conduct investigations.
The House of Representatives, as outlined in Article I of the Constitution, holds the sole power of impeachment. This means that the House has the authority to initiate the process of impeachment, which can be directed at the President or other government officials.
In the case of impeachment of the President, the House of Representatives introduces and votes on articles of impeachment. If approved by a simple majority, the Senate then conducts a trial, where evidence is presented and witnesses may be called to testify. The Senate ultimately votes on whether to convict the President. A two-thirds majority vote is required for conviction.
If a President is impeached, it does not automatically result in removal from office. Instead, as stated in the Constitution, "judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States." This means that upon impeachment, the official is removed from their position and may be disqualified from holding future offices, but they are still subject to further legal consequences according to law.
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Frequently asked questions
The US Constitution grants Congress the sole authority to enact legislation and declare war. Congress is made up of the House of Representatives and the Senate.
Congress has the power to lay and collect taxes, duties, imposts, and excises, and to regulate commerce with foreign nations and among the states. It can also establish laws on naturalization and bankruptcy, and define and punish piracies and felonies committed on the high seas.
The first step in the legislative process is the introduction of a bill to Congress. After being introduced, a bill is referred to the appropriate committee for review. A bill must pass both houses of Congress before going to the President for consideration. Once debate is over, the votes of a simple majority pass the bill.
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. The House has the sole power of impeachment and all bills for raising revenue must originate here.
