Simone Lawson
The United States Congress is one of the three coequal branches of government, and the Constitution grants it significant powers. The Legislative Vesting Clause and the text of Article I of the Constitution limit Congress's legislative powers to those specifically enumerated in the Constitution. The Legislative Branch, consisting of the House of Representatives and the Senate, has the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and substantial investigative powers. The Constitution also enumerates the powers of Congress and the specific areas in which it may legislate, such as laying and collecting taxes, regulating commerce, and establishing a uniform rule of naturalization. The Supreme Court has asserted its authority to review the constitutionality of legislative acts and declare void any provisions that violate the Constitution. Further checks on congressional power include the President's qualified veto power over legislation.
| Characteristics | Values |
|---|---|
| Legislative power | Limited to powers expressly mentioned in the Constitution |
| Legislative power | Limited to making laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution |
| Legislative power | Limited by the constitutional protections accorded to individuals under the Bill of Rights |
| Investigative powers | Limited by the constitutional protections accorded to individuals under the Bill of Rights |
| Investigative powers | Limited by the principle of jurisdictional pertinence |
| Investigative powers | Limited by statutory pertinence, embodied in the terms of the criminal contempt of Congress statute |
| Legislative power | Limited by the President's qualified veto power over legislation |
| Legislative power | Requires approval of the President, or a two-thirds majority in the Senate and House of Representatives to override a veto |
| Legislative power | Limited to the House of Representatives and the Senate |
| Legislative power | Requires a majority to constitute a Quorum to do business |
| Legislative power | Requires approval of both houses of Congress before going to the President for consideration |
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What You'll Learn
The Legislative Vesting Clause
The clause grants specific and limited legislative powers to Congress, as defined by Alexander Hamilton in the Federalist No. 75 as "the power to prescribe rules for the regulation of society". John Locke, in his work "Two Treatises of Government", further elaborates on legislative power, defining it as "the right to direct how the Force of the Commonwealth shall be imploy’d for preserving the Community and the Members of it".
- To limit the powers of Congress to those expressly granted in the Constitution, the nation's founding document.
- To distribute legislative power by establishing a bicameral legislature with two chambers: the Senate and the House of Representatives.
- To restrict the extent to which the other branches of government, namely the executive and judicial branches, can exercise legislative power.
The interpretation of the Legislative Vesting Clause has been a subject of debate among scholars and legal professionals. Some argue that the clause is vague and subject to varying interpretations by functionalists and formalists. The clause has been compared to the Executive and Judicial Vesting Clauses, with some arguing that Article I, which contains the Legislative Vesting Clause, is only "somewhat more determinate" than the other vesting clauses.
The Vesting Clause Thesis, which asserts broad executive power, has been challenged on textual and historical grounds. The phrase "herein granted" in Article I has been interpreted to indicate that no additional legislative subjects beyond those listed in the Constitution can be implied. This interpretation suggests that Congress can only exercise legislative powers that are explicitly referenced in the Constitution, rather than any imaginable powers that could be considered legislative.
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Congressional investigations
The US Constitution grants Congress significant powers, including the sole authority to enact legislation, declare war, and confirm or reject presidential appointments. However, the Constitution also places several limitations on Congress's powers, specifically its investigative powers, to preserve individual liberty and prevent governmental overreach.
One key limitation on Congress's investigative powers is the protection accorded to individuals under the Bill of Rights. In Watkins v. United States (1957), the Supreme Court observed that while Congress has the power to investigate, it must respect the constitutional rights of witnesses, just as a court of justice would. This includes respecting the dignity of Congress and its committees and testifying fully on matters within the province of proper investigation.
Another limitation is jurisdictional pertinence, which relates to whether the subject under inquiry falls within the committee's jurisdiction. In Barry v. United States (1929), the Court held that the pertinence of questions must be determined by the scope of the authority vested in the committee. Additionally, the investigative nature of committee hearings may limit the application of certain constitutional rights, such as the Sixth Amendment's individual criminal procedural guarantees.
The Legislative Vesting Clause of Article I is also cited as a limitation on Congress's legislative power. The Framers of the Constitution intended to limit Congress's powers to those specifically enumerated in the Constitution, reflecting their experience with the powerful British Parliament of the 1700s. Alexander Hamilton argued that the courts could enforce these limitations by declaring legislative acts that exceed Congress's powers to be void.
Further checks on congressional power include the President's qualified veto power over legislation. The Constitution also requires that certain actions, such as the concurrence of the Senate and House of Representatives or the passage of a bill, must be approved by the President or repassed by a two-thirds majority in both houses.
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Presidential veto
The presidential veto power provided by the 1789 Constitution was first exercised on April 5, 1792, when President George Washington vetoed a bill outlining a new apportionment formula. Washington's stated reasons for vetoing the bill were that it did not apportion representatives according to states' relative populations and that it gave eight states more than one representative per 30,000 residents, in violation of the Constitution.
A bill that is passed by both houses of Congress is presented to the president. Presidents approve of legislation by signing it into law. If the president does not approve of the bill and chooses not to sign, they may return it unsigned, within ten days, excluding Sundays, to the house of the United States Congress in which it originated, while Congress is in session. The president is constitutionally required to state any objections to the bill in writing, and Congress is required to consider them, and to reconsider the legislation. Returning the unsigned bill to Congress constitutes a veto.
If Congress approves a bill and sends it to the President, then adjourns before the ten days elapse, the President can prevent the bill from becoming law simply by declining to sign it, sometimes called a pocket veto. If the President blocks legislation by pocket veto, Congress cannot later override the veto—instead, the legislature must reintroduce the bill and enact it again.
Congress can override the veto by a two-thirds vote of both chambers. In 1998, the Supreme Court ruled 6–3 to declare the line-item veto unconstitutional. In Clinton v. City of New York (524 U.S. 417 (1998)), the court found that the language of the Constitution required each bill presented to the president to be either approved or rejected as a whole.
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Individual rights
The US Constitution places several limits on Congress's powers, including those that pertain to individual rights. The Legislative Vesting Clause, for instance, limits Congress's legislative power to those powers specifically enumerated in the Constitution. This reflects the Framers' experience as colonists under the rule of the British Parliament, where certain acts violated the colonists' rights, such as the right to a trial by jury.
The Constitution also grants Congress the authority to enact legislation and declare war, as well as substantial investigative powers. However, these investigative powers are limited by the constitutional protections accorded to individuals under the Bill of Rights. For example, in the case of Watkins v. United States, the Supreme Court observed that while citizens have a duty to cooperate with Congress in its efforts to obtain information, Congress must also respect the constitutional rights of witnesses, just as they would in a court of justice.
Another check on congressional power is the President's qualified veto power over legislation. Additionally, the Constitution requires that a bill must pass both houses of Congress before going to the President for consideration, and that the two bills must have the exact same wording, although this rarely happens in practice.
Furthermore, the Constitution grants each house of Congress the authority to determine the rules of its proceedings and the power to expel a member with a two-thirds concurrence. It also outlines the process for impeachment trials, stating that no person shall be convicted without the concurrence of two-thirds of the members present.
In summary, while Congress possesses significant powers as one of the three coequal branches of government, the US Constitution places important limits on these powers to protect individual rights and maintain a balance of power.
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Senate and House of Representatives
The United States Congress is made up of the House of Representatives and the Senate, established by Article I of the Constitution. The Legislative Vesting Clause of the Constitution provides that "all legislative Powers herein granted shall be vested in a Congress of the United States". This clause acts as a limitation on Congress's legislative power, restricting it to powers specifically enumerated in the Constitution.
The Legislative Branch, comprising the House of Representatives and the Senate, is one of the three coequal branches of government. It holds significant powers ascribed by the Constitution. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. Additionally, there are six non-voting members, representing the District of Columbia, Puerto Rico, and four other US territories. The presiding officer of the House is the Speaker, elected by the Representatives. The Senate, on the other hand, has the sole power to try impeachments, with the Chief Justice presiding over the trial of the President.
The Constitution grants Congress the exclusive authority to enact legislation, declare war, and confirm or reject Presidential appointments. It also empowers Congress to establish an annual budget and carry out investigations as part of the legislative process. However, Congress's investigative powers are limited by constitutional protections accorded to individuals under the Bill of Rights. The Supreme Court has asserted its authority to review the constitutionality of legislative acts and void provisions that violate the Constitution.
The House of Representatives and the Senate each have distinct rules and procedures. In the House, members' speaking time is limited, and amendments are usually restricted. In contrast, Senate debates on bills are typically unlimited, allowing Senators to discuss issues beyond the bill under consideration. Senators can use this privilege to filibuster a bill, delaying its passage. However, a supermajority of 60 Senators can invoke cloture to end the debate and force a vote.
Both houses play a crucial role in the legislative process. A bill must pass through both houses before reaching the President for consideration. While the Constitution requires identical wording for the two bills, this rarely occurs in practice. The President may veto congressional legislation, but Congress can override this veto with a two-thirds vote in both houses.
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Frequently asked questions
The Legislative Vesting Clause is a limitation on Congress's legislative power, stating that Congress's powers are limited to those specifically enumerated in the Constitution.
The President has a qualified veto power over legislation, and the Supreme Court can review the constitutionality of legislative acts and declare void any provisions that violate the Constitution.
Congress has substantial investigative powers, which are limited by the constitutional protections accorded to individuals under the Bill of Rights.
Congress is the only part of the government that can make new laws or change existing laws. All legislative power in the government is vested in Congress.
A bill must pass both houses of Congress before going to the President for consideration. The Constitution requires that the two bills have the exact same wording, although this rarely happens in practice.
