The Constitutional Power Of Congress: Location And Limits

The US Congress is one of the three coequal branches of government and is ascribed significant powers by the Constitution. Article I of the Constitution establishes the legislative branch of the US government, which consists of the House of Representatives and the Senate, together forming the United States Congress. Article I also enumerates the powers of Congress and the specific areas in which it may legislate. Congress is the only part of the government that can make new laws or change existing ones, and it has sole authority to enact legislation and declare war.

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Legislative powers

The legislative powers of the US Congress are outlined in Article I of the Constitution. This article establishes the US Congress as one of three coequal branches of government, with significant powers.

Congress is made up of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.

The legislative process begins with the introduction of a bill to Congress. Anyone can write a bill, but only members of Congress can introduce legislation. Bills are then referred to the appropriate committees for review. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. Committees oversee specific policy areas, and subcommittees take on more specialized areas. Once a bill has been reviewed, it is presented to the President.

Congress has the power to make all laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution. This includes the establishment of an annual budget, which is recommended by the President. Congress levies taxes and tariffs to fund essential government services and can authorize borrowing if necessary. Congress can also mandate spending on specific items, known as "earmarks".

Congress also has the power to regulate commerce with foreign nations, Indian tribes, and among the states. It can establish uniform rules of naturalization and uniform laws on bankruptcy. Congress can punish counterfeiting of US securities and coin, and it has the power to promote the progress of science and useful arts by securing exclusive rights for authors and inventors. Congress can define and punish piracies and felonies committed on the high seas and offences against the law of nations.

Congress has sole authority to impeach, and the Senate has the sole power to try all impeachments. No person can be convicted without the concurrence of two-thirds of the Members present. Congress can also enact legislation regarding the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

Congressional authority

The United States Congress is made up of the House of Representatives and the Senate, and is one of the three coequal branches of government. Congress is the only branch of government that can make new laws or change existing laws. The President may veto bills passed by Congress, but Congress may override this veto with a two-thirds vote in both the Senate and the House of Representatives.

Congress's powers are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts, as well as other factors such as history and custom. Article I of the Constitution sets forth most of the powers of Congress, including numerous explicit powers enumerated in Section 8. Additional powers are granted by other articles and by Constitutional amendments.

Article I, Section 8 of the Constitution outlines several enumerated powers of Congress, including:

• The power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States.
• The power to regulate commerce with foreign nations, among the several states, and with the Indian Tribes.
• The power to establish uniform rules of naturalization and uniform laws on the subject of bankruptcies throughout the United States.
• The power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
• The power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.

Congress also has implied powers, which are assumed to exist but not explicitly defined in the Constitution. One example is the power of the purse, which is Congress's primary check on the executive branch. The Necessary and Proper Clause of the Constitution has been interpreted broadly to widen the scope of Congress's legislative authority, allowing for a wider interpretation of Congress's ability to make laws necessary for carrying into execution its powers.

Annual budget

The US Constitution grants Congress the "power of the purse", which includes the authority to tax and spend public money for the national government. This power is primarily vested in the House of Representatives, which originates all bills for raising revenue, although the Senate may propose amendments.

Article 1, Section 9, Clause 7 of the Constitution, known as the Appropriations Clause, establishes that no money can be withdrawn from the Treasury without a law appropriating it. This clause is complemented by the Statement and Accounts Clause, which requires a regular statement and account of the receipts and expenditures of all public money to be published. These clauses have been interpreted as requiring an annual budget.

The annual federal budget process typically begins with the President submitting a detailed budget request for the upcoming fiscal year, starting on October 1. The proposed budget is then considered and often amended by House and Senate committees. Differences between the House and Senate appropriations bills are then worked out, and the final budget is approved by both chambers before being signed by the President.

Congress makes spending and tax decisions through a variety of legislative actions, and there is no single piece of legislation that establishes the annual federal budget. Some tax and spending legislation is permanent, while other legislation covers multi-year periods or is made on a year-by-year basis through annual appropriations bills.

Congressional committees, such as the House Ways and Means Committee and the Senate Finance Committee, play a significant role in the budget process, receiving allocations to distribute among their subcommittees. Additionally, Congress may pass legislation affecting mandatory spending, renewing or changing existing programs, or creating new ones.

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Congressional oversight

Oversight also occurs through more routine and regular reviews, monitoring, and supervision conducted by congressional staff, support agencies, and specially created commissions and task forces. For example, the impeachment proceedings against President Bill Clinton in 1998 and 1999 generated considerable oversight, extending beyond the president to include the White House staff and the office of independent counsel.

The House Committee on Oversight and Accountability, led by Chairman James Comer, has outlined priorities for the 119th Congress, including supporting government efficiency efforts, reining in bureaucracy, and ensuring federal agencies are accountable to the American people.

Congress's enumerated powers, as outlined in Article I, Section 8 of the Constitution, include the power to lay and collect taxes, regulate commerce, establish uniform rules of naturalization and bankruptcy laws, punish counterfeiting, promote scientific progress, declare war, and make laws necessary for executing these powers. These powers provide the basis for congressional oversight, ensuring that the legislative branch can hold the executive branch and government agencies accountable for their actions.

Enumerated powers

Article I of the U.S. Constitution outlines the design of the legislative branch of the U.S. government, which is the Congress. It describes the separation of powers between the branches of government, the election of Senators and Representatives, the law-making process, and the powers that Congress has.

The Enumerated Powers are listed in Article I, Section 8. These clauses are interpreted broadly, granting Congress powers that are not explicitly stated. Enumerated Powers must be distinguished from inherent powers, which are not listed in the Constitution but are implied by the existence of the national government.

The Enumerated Powers of Congress include:

• The power to lay and collect taxes, duties, imposts, and excises, to pay debts, and provide for the defence and general welfare of the U.S.
• The power to regulate commerce with foreign nations, among the states, and with Indian tribes.
• The power to establish uniform rules of naturalization and uniform laws on bankruptcy throughout the U.S.
• The power to coin money, regulate its value, and punish counterfeiting.
• The power to establish post offices and post roads.
• The power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
• The power to establish lower courts than the Supreme Court.
• The power to define and punish piracies and felonies committed on the high seas, and offences against the law of nations.
• The power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
• The power to raise and support armies, but no appropriation of money for this use shall be for longer than two years.
• The power to provide for the calling forth of the militia to execute the laws of the union, suppress insurrections, and repel invasions.
• The power to provide for organizing, arming, and disciplining the militia, and governing the part employed in the service of the U.S., while reserving to the states the appointment of officers and authority for training.
• The power to exercise exclusive legislation in all cases, over a district (not exceeding ten miles square) that may become the seat of the U.S. government, and to exercise like authority over all places purchased by the consent of the legislature of the state for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.
• The power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the government of the U.S., or in any department or officer thereof.

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