Omar Bennett
Article I of the US Constitution establishes the legislative branch, which consists of the House of Representatives and the Senate, collectively known as the Congress. The legislative branch is one of the three coequal branches of the US government, and it holds significant powers, including the sole authority to enact legislation and declare war. The legislative branch is responsible for making laws, regulating interstate and foreign commerce, and controlling taxing and spending policies. It also has the power to confirm or reject Presidential appointments and holds substantial investigative powers. The House of Representatives has the sole power of impeachment and elects its speaker and other officers. The legislative branch is designed to ensure a separation of powers between the branches of government, with checks and balances in place.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| House of Representatives | Composed of members chosen every second year by the people of the states; members must be at least 25 years old, have been a US citizen for at least 7 years, and be an inhabitant of the state they represent |
| Congress assembly | At least once a year, on the first Monday in December (unless a different day is appointed by law) |
| House rules | Each House determines its own rules, punishes members for disorderly behaviour, and may expel a member with a two-thirds concurrence |
| Tribunals | Can constitute tribunals inferior to the Supreme Court |
| Piracy and felonies | Can define and punish piracies and felonies committed on the high seas, and offenses against the law of nations |
| War | Can declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water |
| Armies | Can raise and support armies, but no appropriation of money for this purpose shall be for longer than two years |
| Militia | Can call forth the militia to execute the laws of the union, suppress insurrections, and repel invasions; can also organize, arm, and discipline the militia |
| Exclusive legislation | Can exercise exclusive legislation in all cases, over a district not exceeding ten miles square |
| Treaties | No state shall enter into any treaty, alliance, or confederation without the consent of Congress |
| Taxation | Can lay and collect taxes, duties, imposts, and excises to pay debts and provide for the common defence and general welfare of the United States; can authorize borrowing if funds are insufficient to run the government |
| Commerce | Can regulate commerce with foreign nations, among the states, and with Indian tribes |
| Naturalization and bankruptcy | Can establish uniform rules of naturalization and uniform laws on bankruptcy throughout the United States |
| Spending | Can authorize borrowing if funds are insufficient to run the government |
| Investigative powers | Can compel the production of evidence or testimony |
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What You'll Learn
- The legislative branch is made up of the House and Senate, known as Congress
- Congress has the power to declare war and enact legislation
- Congress can confirm or reject Presidential appointments
- Congress has investigative powers and can compel evidence and testimony
- Congress can raise and support armies, but not appropriate money for longer than two years
The legislative branch is made up of the House and Senate, known as Congress
The legislative branch of the US government is made up of the House of Representatives and the Senate, together known as Congress. This bicameral system was established by Article I of the US Constitution, which also outlines the specific powers granted to the legislative branch.
The House of Representatives is composed of members chosen every second year by the people of the states, with each state's electors having the qualifications required for electors of the most numerous branch of the state legislature. Representatives 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. The House of Representatives chooses its speaker and other officers and has the sole power of impeachment.
The Senate, on the other hand, is composed of two Senators from each state, chosen by the state legislature for six-year terms. Each Senator has one vote, and immediately after the first election, the Senators are divided as equally as possible into three classes.
Together, the House and Senate of Congress hold significant powers. These include the power to make all laws, declare war, regulate interstate and foreign commerce, and control taxing and spending policies. Congress can levy taxes and tariffs to fund essential government services and can authorize borrowing if necessary. It also has the power to raise and support armies, call forth the militia, and exercise exclusive legislation over a district not exceeding ten miles square.
Congress also has the authority to confirm or reject Presidential appointments and holds substantial investigative powers. It can compel the production of evidence or testimony as needed. Additionally, Congress can override a Presidential veto with a two-thirds vote in both the Senate and the House of Representatives.
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Congress has the power to declare war and enact legislation
Article I of the U.S. Constitution grants all legislative powers to a bicameral Congress, which consists of a House of Representatives and a Senate. This is the result of the "Great Compromise", which sought to balance the effects of popular majorities with the interests of the states.
The legislative branch, or Congress, has been granted several constitutional powers. One of the most significant powers is the authority to declare war, as outlined in Article I, Section 8, Clause 11 of the U.S. Constitution, also known as the War Powers Clause. This clause 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." The power to declare war is exclusive to Congress, and it has been exercised on a limited number of occasions throughout history. Notably, the Constitution does not specify the form that a declaration of war must take, and there has been debate over the legal extent of the president's authority in this area.
Congress has the sole authority to enact legislation, which is facilitated through the House and the Senate. The enactment of a law begins with the introduction of a bill or resolution, which is then subject to the amendatory process by committees and individual Senators. The Senate and the House have different ways of processing legislation, with the House allowing a numerical majority to process legislation quickly, while the Senate's rules favour deliberation and provide leverage to individual Senators. Once a bill has been amended, it must be agreed upon by both chambers separately before being presented to the President.
In addition to the power to declare war and enact legislation, Congress has other important powers. These include the power to lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations and among the states; to establish uniform rules of naturalization and bankruptcy laws; and to raise and support armies. Congress also has the responsibility to provide oversight of policy implementation and to conduct investigations into questions of public policy.
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Congress can confirm or reject Presidential appointments
The legislative branch of the US government is known as the Congress, which consists of the Senate and the House of Representatives. The legislative branch is responsible for creating laws and providing a check on the executive branch's power.
One of the key powers granted to the legislative branch is the ability to confirm or reject Presidential appointments. This power is derived from the Appointments Clause in Article II, which requires that certain positions, such as Ambassadors, Supreme Court Judges, and other Officers of the United States, be appointed by the President with the "advice and consent" of the Senate. This process is often referred to as a confirmation hearing.
During a confirmation hearing, the nominee first testifies before a committee, answering questions from senators. The committee also invites outside witnesses to speak for or against the nominee. After the hearing, the committee votes on whether to recommend the nominee to the full Senate. If the committee gives a favourable recommendation, the nomination proceeds to the full Senate for consideration.
In the full Senate, senators debate the nominee's qualifications and express any concerns. For a nominee to be confirmed, they must receive a majority of the votes in the Senate (51 votes, or 50 if the vice president breaks the tie). If the nominee is confirmed, they can assume their new role. If not, the President must select a new nominee and the confirmation process starts over.
This confirmation process is an important check on the President's power, ensuring that individuals selected for key positions are vetted, qualified, and fit to serve in a position of public trust. It also upholds the principle of separation of powers between the legislative and executive branches.
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Congress has investigative powers and can compel evidence and testimony
The legislative branch of the US government is the Congress, which consists of a Senate and a House of Representatives. Congress has several powers, including investigative powers.
Congress's investigative powers are not expressly authorised by the Constitution. However, the power had been frequently exercised by the British Parliament and the Assemblies of the American Colonies before the adoption of the Constitution, and it has been long agreed that the power is essential to the legislative function.
Congress can initiate investigations, hold hearings, and gather testimony and documents from witnesses. In situations where a party is not forthcoming, Congress can compel compliance with its requests through the issuance and enforcement of subpoenas. Congress can also compel the attendance of absent members.
Congress's investigative powers are not unlimited. The Supreme Court has held that Congress is not invested with a "general power to inquire into private affairs". Instead, investigations must relate to a subject on which Congress can validly legislate.
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Congress can raise and support armies, but not appropriate money for longer than two years
The legislative branch of the US government is known as the Congress, and it consists of a Senate and a House of Representatives. The Constitution grants Congress various powers, including the power to raise and support armies, but with a significant limitation: they cannot appropriate money for this purpose for longer than two years.
This specific power granted to Congress is outlined in Article I, Section 8 of the Constitution, which enumerates the powers of Congress. While Congress has the authority to raise and support armies, the Framers of the Constitution included a limitation on the duration of funding for this purpose, stating that "no Appropriation of Money to that Use shall be for a longer Term than two Years."
The historical context behind this clause is important. In England, the king had the power to raise and maintain armies and navies, which had been misused to the detriment of English liberties. The English Declaration of Rights of 1688 stated that the king could not maintain standing armies without the consent of Parliament. Thus, the Framers of the US Constitution vested these powers in Congress but included the two-year limitation to prevent the potential abuse of power.
This limitation on the duration of funding for armies is known as the "Appropriation Clause." It serves as a check on the power of Congress, ensuring that they cannot maintain a standing army indefinitely without regular review and approval of funding. This clause reflects the Framers' intention to balance the need for a national defence with the preservation of individual liberties.
While Congress has the authority to raise and support armies, the two-year limitation on appropriations specifically refers to the strict sense of the word "support." It does not extend to appropriations for equipment, military operations, or other necessary means utilised by the army. This interpretation allows for some flexibility in how Congress can provide for the military while still adhering to the constitutional framework established by the Framers.
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Frequently asked questions
The legislative branch is made up of the House of Representatives and the Senate, known collectively as the Congress.
The legislative branch has the power to make laws, declare war, regulate interstate and foreign commerce, and control taxing and spending policies. It also has the right to confirm or reject Presidential appointments.
The legislative branch must assemble at least once a year. This meeting usually takes place on the first Monday in December, unless a different day is appointed by law.
