Eleanor Finch
The United States Congress, established by Article I of the Constitution, consists of the House of Representatives and the Senate. Article I also enumerates the powers of Congress, including certain non-legislative powers. These include the power to declare war, confirm or reject presidential appointments, and the power of impeachment. Congress also has investigative powers, including oversight of executive branch agencies, and the ability to gather information useful for legislation. The Constitution grants Congress authority over financial and budgetary matters, including the power to lay and collect taxes, and the ability to regulate commerce with foreign nations.
| Characteristics | Values |
|---|---|
| Legislative Powers | The power to enact legislation and declare war, confirm or reject Presidential appointments, and investigative powers |
| Legislative Authority | The establishment of an annual budget for the government |
| Legislative Process | The House originates revenue legislation, and the Senate confirms Presidential nominations and approves treaties |
| Legislative Action | Planned and coordinated by party leaders in each chamber, with majority party leaders setting the policy agenda |
| Legislative Oversight | Providing oversight of policy implementation and leading investigations into questions of public policy |
| Legislative Veto | The ability to override a Presidential veto with a two-thirds majority vote in both chambers |
| Legislative Branch | Consists of the House of Representatives and the Senate, which together form the United States Congress |
| Non-Legislative Powers | The ability to make or alter regulations regarding the times, places, and manner of holding elections for Senators and Representatives |
| Non-Legislative Consent | The authority to consent to the acceptance of any present, emolument, office, or title from a foreign state by a person holding an office of profit or trust under the United States |
| Non-Legislative Limitations | The Constitution places limitations on the exercise of governmental power, such as prohibiting states from entering into treaties or alliances without Congressional consent |
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What You'll Learn
Confirm or reject presidential appointments
The United States Constitution grants Congress the power to confirm or reject many presidential appointments. The Appointments Clause of the Constitution (Article II, Section 2) states that the president "shall nominate and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States". This clause acts as a restraint on Congress's power, ensuring that the president has control over the executive branch.
The Senate's role in this process is advisory, and the president is not bound to their advice. The Senate considers a range of matters when deciding whether to consent to a nomination, including political considerations, a nominee's judicial philosophy, fitness for the bench, past statements on relevant issues, and the overall balance of power between political factions.
While the majority of presidential nominations are routinely confirmed, a small but sometimes highly visible number of nominees fail to receive action or are rejected by the Senate. For example, in 2016, President Barack Obama's nomination of Merrick Garland to the Supreme Court did not receive a hearing or a vote in the Republican-controlled Senate.
The Appointments Clause also distinguishes between officers of the United States, who must be appointed with the advice and consent of the Senate, and those specified by acts of Congress, some of whom may be appointed with the advice and consent of the Senate or by the president alone. Additionally, Congress may vest the appointment power for inferior officers in the president, courts of law, or heads of departments.
The Constitution's framers were concerned about Congress exercising the appointment power and filling offices with their supporters. Thus, the Appointments Clause is an important structural element in the separation of powers, preventing institutional corruption.
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Declare war
The US Constitution grants Congress the power to declare war. This power is outlined in Article I, Section 8, Clause 11 of the Constitution, which states that Congress has the authority to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". This clause gives Congress the power to initiate hostilities and is considered one of the most important checks on presidential power.
The Framers of the Constitution intended to improve the United States' ability to ensure its peace and security through military protection. They wanted to create a strong federal government that could effectively protect the nation. The power to declare war is one of the key ways Congress can achieve this objective.
While Congress has the sole authority to declare war, the President, as Commander-in-Chief, has the power to repel attacks against the United States and lead the armed forces. The President also has the right to sign or veto congressional acts, including declarations of war, and Congress can override any presidential veto.
In modern times, there have been instances where Presidents have used military force without formal declarations of war or express consent from Congress. However, the War Powers Resolution requires the President to report to Congress within 48 hours of introducing US Armed Forces into hostilities without a declaration of war. This resolution aims to balance the constitutional powers of Congress and the Executive Branch in matters of war and national security.
The interpretation and application of the Declare War Clause have been the subject of debate and legal analysis, with scholars and commentators disagreeing on the extent of Congress's exclusive power to declare war and the limits on the President's ability to use military force without congressional approval.
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Establish an annual budget
The US Congress, which consists of the House of Representatives and the Senate, has the power to establish an annual budget for the government. This is one of the significant powers ascribed to Congress by the Constitution.
The federal budget process begins on the first Monday in February each year and should be concluded by October 1, the start of the new Federal Fiscal Year. The process starts with the President submitting a proposed budget to Congress. The President's budget proposal is based on input from federal agencies and projects estimated spending, revenue, and borrowing levels for the coming fiscal year. It serves as a "starting point" for Congress, which is under no obligation to adopt it and often makes significant changes.
Congress then works on creating funding bills for the President to sign. Congress sets funding levels for various government functions, such as defense spending or energy and water. The House and Senate create their own budget resolutions, which must be negotiated and merged. Both houses must pass a single version of each funding bill. Congress also has the power to enact laws deemed "necessary and proper" for executing the powers given to any part of the government under the Constitution.
The Congressional Budget Act of 1974 establishes an internal process for Congress to formulate and enforce an overall plan each year for acting on budget legislation. This process, called a congressional budget resolution, is passed in identical form by both the House and the Senate and does not require the President's signature. The resolution provides Congress with an opportunity to lay out its spending, revenue, borrowing, and economic goals for the coming fiscal year and the next five fiscal years.
The budget resolution includes suggestions for government program spending reforms leading to the goal of a balanced budget. Both the House and Senate Budget Committees hold hearings on the annual Budget Resolution, seeking testimony from Administration officials, Members of Congress, and expert witnesses. Based on this testimony and their deliberations, each committee writes its version of the Budget Resolution.
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Provide oversight of policy implementation
Congressional oversight is an important function that ensures the effective implementation of policies and programs. While the U.S. Constitution does not explicitly grant Congress the power to conduct inquiries or investigations of the executive branch, it is implied in the Constitution's grant of legislative powers to Congress. The Supreme Court has affirmed Congress's oversight powers, subject to constitutional safeguards for civil liberties.
Congressional oversight of policy implementation involves monitoring and supervising the executive branch's execution of policies and programs. This includes examining how programs are administered, by whom, and at what cost. Congress can also review whether officials are complying with the law and legislative intent. To facilitate this, Congress has the power to obtain information and records from the executive branch, including through subpoenas.
Congressional committees play a crucial role in oversight by holding hearings, sending letters, and conducting investigations. These activities provide an opportunity to gather information and ensure that policies are being implemented as intended. The frequency and focus of oversight activities can vary depending on partisan dynamics and the policy priorities of the committees.
When Congress identifies issues or concerns during its oversight, it has several options to address them. For example, Congress can pass laws to overrule agency decisions or narrow an agency's jurisdiction. Additionally, Congress can use its budgetary powers to influence policy implementation by appropriating funds for specific programs or placing conditions on funding.
Congressional oversight of policy implementation is a critical function that helps maintain a check on the executive branch and ensures that policies are executed effectively and in line with legislative intent. By exercising oversight, Congress can identify and address issues, hold the executive branch accountable, and make informed decisions about legislation and funding.
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Accept gifts from foreign states
The U.S. Constitution prohibits government officials, including Members, officers, and employees, from receiving "any present, Emolument, Office, or Title, of any kind whatever" from a foreign state or representative without the consent of Congress. This is known as the Foreign Emoluments Clause, outlined in Article I, Section 9, Clause 8 of the Constitution.
The Foreign Emoluments Clause states: "No Title of Nobility shall be granted by the United States: and no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State".
This clause was influenced by the Dutch, who, in the mid-17th century, enacted a rule prohibiting their foreign ministers from accepting gifts from foreign states. This rule was motivated by a fear of corruption. The inclusion of the Foreign Emoluments Clause in the U.S. Constitution reflects the Framers' commitment to anti-corruption.
Despite the existence of the Foreign Emoluments Clause, there have been instances where members of Congress, including the President, have accepted gifts from foreign states without explicit congressional consent. One notable example is President George Washington, who accepted and kept two diplomatic gifts without seeking congressional approval. On the other hand, subsequent presidents, such as Andrew Jackson, sought congressional consent before accepting gifts from foreign states.
Congress has consented to the acceptance of certain gifts from foreign governments through the Foreign Gifts and Decorations Act (FGDA). Under the FGDA, Congress authorises the acceptance of items of "minimal value" from foreign governments when tendered and received as a souvenir or mark of courtesy. The threshold for "minimal value" is defined as $100 or less. Additionally, the Mutual Educational and Cultural Exchange Act (MECEA) authorises the U.S. State Department to approve cultural exchange programs, allowing Members, officers, or employees to accept travel expenses from foreign governments to participate in approved MECEA programs.
In summary, while the U.S. Constitution generally prohibits government officials from accepting gifts from foreign states without congressional consent, there are instances where Congress has provided consent through acts such as the FGDA and MECEA, allowing for the acceptance of gifts of minimal value or specific purposes, such as cultural exchange programs.
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Frequently asked questions
The Constitution grants Congress the power to impeach and remove the President, Vice President, or other civil officers from their office. Congress also has the power to confirm or reject Presidential appointments and pass laws deemed "necessary and proper" for the execution of the powers given to any part of the government.
Congress has the power to oversee operations of various executive branch agencies, to focus public attention on a particular subject, to expose the questionable activities of public officials or private persons, and to promote the particular interests of some members of Congress.
In certain circumstances, the Constitution gives Congress special electoral duties. For example, if no candidate for President receives a majority in the electoral college, the House decides the election. If no candidate for Vice President receives a majority in the electoral college, the Senate decides the election.
