Eleanor Finch
The Constitution and the Congress are two fundamental institutions in the United States government, with distinct roles and characteristics. The Constitution is the supreme law of the land, outlining the rights of citizens and the powers of the government. It serves as the foundation for the entire American political system, providing checks and balances to maintain a balance of power among the three branches of government: Congress, the President, and the Supreme Court. On the other hand, Congress is the legislative branch of the US government, consisting of the Senate and the House of Representatives. Senators are elected by their state, whereas members of the House of Representatives are chosen every second year by the people of the states. Congress is responsible for creating and passing laws, as well as performing other duties outlined in the Constitution, such as declaring war and raising armies.
| Characteristics | Values |
|---|---|
| Legislative branch of the US government | Congress |
| Separation of powers | Checks and balances between Congress, the President and the Supreme Court |
| Election of members | Senators and Representatives |
| Legislative process | The process by which laws are made |
| Powers | Powers that Congress has, including the power to declare war, raise and support armies, and regulate the economy |
| Meeting frequency | At least once a year, with the option to call additional sessions |
| Meeting date | First Monday in December, unless a different date is appointed |
| House quorum | Majority of members required to do business |
| House autonomy | Each House determines its rules, judges its elections, and can expel members |
| Journal | Each House keeps a journal of its proceedings, with some exceptions for secrecy |
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What You'll Learn
Congress' role in the US government
The Constitution is a document that outlines the fundamental rules and principles of the US government, while Congress is the legislative branch of the US government, responsible for making laws and overseeing their implementation. Congress plays a crucial role in the US government, with its main function being the creation of laws. Congress is divided into two chambers: the House of Representatives and the Senate. Each state is represented by two senators, with a total of 100 senators serving in the Senate, and 435 representatives in the House of Representatives. Senators are elected for six-year terms, and every two years, one-third of the Senate is up for re-election. On the other hand, members of the House of Representatives are elected for a two-year term.
Congress assembles at least once a year, with elections held every even-numbered year. The two chambers have equal legislative roles and functions, but there are some differences in how they process legislation. The House can originate revenue legislation, while the Senate confirms presidential nominations and approves treaties. The Senate tends to favour deliberation over quick action, providing individual senators with significant procedural leverage. The House, on the other hand, allows a numerical majority to process legislation more swiftly.
Congress also plays a role in presidential elections, with both Houses meeting in joint session to count the electoral votes. Congressional action is planned and coordinated by party leaders in each chamber, and much of the policy expertise resides in the standing committees, which are panels of members from both parties. These committees take the lead in developing and assessing legislation, as well as providing oversight of policy implementation.
Beyond lawmaking, Congress has a duty to provide services to constituents, helping them navigate government bureaucracies. According to scholar Lee H. Hamilton, Congress has been a "driving force in American government", reflecting the diversity and strengths of the nation.
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The Constitution's checks and balances
The US Constitution is the foundational document of the country, outlining the rights of citizens and the responsibilities and structure of the government. The Constitution divides the government into three branches: the legislative, executive, and judicial. Congress, on the other hand, is the legislative branch of the US federal government, consisting of the Senate and the House of Representatives.
The Constitution's system of checks and balances is designed to ensure that no one branch of government has too much power and to safeguard against abuses of power. This system operates through the separation of powers, with each branch having specific powers and responsibilities, and also being able to hold the others accountable.
The legislative branch, or Congress, is responsible for making laws. However, the President in the executive branch can veto those laws. Congress can override a presidential veto with a two-thirds majority vote in both houses. The legislative branch also has investigative powers and can initiate constitutional amendments, as well as establish rules for the conduct of federal courts.
The executive branch, headed by the President, has the power to approve and veto bills, make treaties, and issue executive orders. It also has the responsibility for enforcing federal laws and administering the government. The President appoints members of the Supreme Court and other judicial positions, but these nominations must be confirmed by the Senate.
The judicial branch interprets laws and evaluates their constitutionality. The Supreme Court can strike down laws deemed unconstitutional through judicial review, a power not expressly given in the Constitution but recognised by the Marbury v. Madison case. Congress can impeach judges and remove them from office.
This system of checks and balances ensures that the branches of government can hold each other accountable and prevent any one branch from having too much power. It also allows for debate and discussion within and between the branches, promoting good governance and protecting the liberties of citizens.
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Congress' influence on the presidency
The Constitution is the supreme law of the land in the United States. It establishes the structure and powers of the federal government, including Congress. On the other hand, Congress is the legislative branch of the federal government, consisting of the Senate and the House of Representatives, responsible for creating and passing laws.
Now, moving on to the topic of Congress's influence on the presidency, it is important to note that the relationship between the president and Congress is the most important political relationship in the United States. This relationship largely determines the course of US domestic and foreign policy. While the president sets the political agenda and legislative programme, they cannot directly command Congress and must rely on persuasion to get things done.
Congress holds significant influence over the presidency, as the president constitutionally requires their assent for various matters. Firstly, Congress plays a crucial role in legislation. According to the Constitution, any proposed bill must pass through Congress for approval before becoming law. The president may influence this process through their agenda-setting power, veto authority, and direct communication with Congress, but ultimately, the president depends on gaining sufficient support from Congress to pass their desired policies.
Secondly, Congress has influence over presidential appointments. The president may nominate individuals for various positions, such as Cabinet secretaries and federal judges, but these nominations often require Senate confirmation. This provides Congress with a check on the president's choices and allows them to evaluate the qualifications and suitability of the nominees.
Thirdly, Congress has the power of the purse, meaning it controls government spending. The president needs Congress's approval for budgetary matters and allocating funds for specific initiatives or programmes. This gives Congress leverage over the president's agenda, as they can influence the allocation of resources and prioritize certain areas over others.
Lastly, Congress can influence the president's ability to enter into treaties and conduct foreign policy. While the president serves as the country's chief diplomat, the Constitution requires Senate approval for treaties. This means that the president must work in conjunction with Congress to ensure their foreign policy goals align with Congressional support.
In conclusion, while the president holds significant power as the head of state and government, their effectiveness is largely dependent on their relationship with Congress. The separation of powers and the system of checks and balances inherent in the US Constitution ensure that the president cannot act unilaterally. As a result, the dynamic between the president and Congress shapes the direction of the country, influencing the legislative agenda, appointments, government spending, and foreign policy.
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The election of Senators
The Seventeenth Amendment provides for the direct election of senators by replacing the phrase "chosen by the Legislature thereof" with "elected by the people thereof". Each state is represented by two senators in the US Senate, with a total of 100 members. To be eligible for election to the Senate, a person must be at least 30 years old, a citizen of the United States for nine years or more, and a resident of the state that they represent. Senators are elected for six-year terms, and every two years, one-third of the Senate is up for re-election.
The movement for direct election gained momentum in 1906 when publisher William Randolph Hearst, a proponent of direct election, hired novelist David Graham Phillips to write a series of articles on the subject. Published in Cosmopolitan magazine, Phillips' series, "The Treason of the Senate," offered an unsympathetic account of senators as pawns of industrialists and financiers, further galvanising public support for reform. In 1910 and 1911, the House passed proposed amendments for the direct election of senators, with Senator Joseph L. Bristow of Kansas offering a substitute amendment that removed a "race rider" meant to bar federal intervention in cases of racial discrimination among voters.
The Senate adopted the amended joint resolution in May 1911, and the House accepted the change in 1912. On April 8, 1913, the resolution became the Seventeenth Amendment to the Constitution, allowing voters to cast direct votes for senators. This amendment ensured that senators would be directly accountable to the citizens of their states, strengthening democratic principles in the legislative process.
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Congress' power to regulate the economy
The United States Congress is made up of the House of Representatives and the Senate. It is one of the three coequal branches of government, and the Constitution grants it significant powers. These include the sole authority to enact legislation and declare war, the right to confirm or reject Presidential appointments, and substantial investigative powers. Congress meets at least once a year and has the power to make laws and change existing ones.
Congress has the power to regulate the economy in several ways. Firstly, it can lay and collect taxes, duties, imposts, and excises, providing for the common defence and general welfare of the United States. This includes the power to regulate commerce with foreign nations, among the states, and with Indian tribes. Congress can also coin money, regulate its value, and fix the standard of weights and measures. It can also establish uniform laws on bankruptcies and promote the progress of science and the useful arts by granting exclusive rights to authors and inventors.
The Commerce Clause (Article 1, Section 8, Clause 3) of the Constitution gives Congress the power "to regulate commerce with foreign nations, among the states, and with the Indian tribes." This has been interpreted broadly by the courts, especially beginning with NLRB v. Jones & Laughlin Steel Corp in 1937. The Supreme Court held that any activity with a "substantial economic effect" on interstate commerce or a "cumulative effect" on such commerce could be regulated by Congress under the Commerce Clause.
However, in United States v. Lopez (1995), the Supreme Court attempted to curtail Congress's power under the Commerce Clause by adopting a more conservative interpretation. The Court held that Congress could only regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. This case involved a defendant charged with carrying a handgun to school, and the Court rejected the government's argument that this fell under the Commerce Clause as it affected general economic conditions.
Despite this, the Commerce Clause continues to be a powerful tool for Congress to regulate economic activity, and the Supreme Court has continued to interpret it broadly in certain cases, such as Gonzales v. Raich, which involved federal regulation of intrastate marijuana production.
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Frequently asked questions
The Constitution is the supreme law that outlines the structure and powers of the US government and its citizens. It consists of the original text and its Amendments.
Congress is the US legislative body, consisting of the Senate and the House of Representatives. It meets at least once a year and passes laws and regulations.
The Constitution is the foundational document that outlines the rules and powers of the government, while Congress is the legislative body that creates and passes laws within the framework set by the Constitution.
