The Constitutional Mandate: The One Legislative Office

The United States Congress, consisting of the House of Representatives and the Senate, is the only federal legislative branch mandated by the Constitution. Congress is granted the sole authority to enact legislation and declare war, confirm or reject presidential appointments, and hold investigative powers. The House of Representatives elects a Speaker and other officers and holds the sole power of impeachment. The Senate, composed of two Senators from each state, confirms presidential nominations and approves treaties. Both chambers have distinct ways of processing legislation, with the House favoring quick action through numerical majority, while the Senate prioritizes deliberation and provides procedural leverage to individual Senators. Congress plays a crucial role in lawmaking, exercising its legislative authority to establish an annual budget, levy taxes, and authorize borrowing if necessary.

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The US Congress is made up of the House of Representatives and the Senate

The US Congress is the legislative branch of the federal government of the United States. It is made up of two chambers: the House of Representatives and the Senate. Each chamber has its own rules and procedures for processing legislation, with the House prioritising quick action and the Senate favouring deliberation. Congressional action is typically planned and coordinated by party leaders in each chamber.

The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also six non-voting members, representing Washington, D.C., Puerto Rico, and four other US territories. Members of the House are elected every two years and must be at least 25 years old. The House has the sole power of impeachment and is responsible for originating revenue and appropriation bills. The presiding officer of the chamber is the Speaker of the House, who is elected by the Representatives and is third in the line of succession to the presidency.

The Senate is composed of 100 members, with two senators from each state, regardless of population or area. Senators are elected by the people and serve six-year terms, with one-third of the Senate up for election every two years. Senators must be at least 30 years old and have been citizens of the United States for nine years. The Vice President of the United States is the President of the Senate but has no vote unless there is a tie. The Senate has the function of advising and consenting to treaties and certain presidential nominations, such as the Vice President.

Congress has significant powers ascribed to it by the Constitution, including the sole authority to enact legislation, declare war, and confirm or reject many presidential appointments. It also has extensive investigative powers and can compel the production of evidence or testimony. In addition, Congress plays a role in presidential elections, with the House choosing the President if no candidate receives a majority of electoral votes, and the Senate choosing the Vice President.

The House of Representatives has the sole power of impeachment

The United States Congress, comprising the House of Representatives and the Senate, is the only legislative office mandated by the Constitution. Article I of the Constitution enumerates the powers of Congress, including the power to enact legislation and declare war, confirm or reject Presidential appointments, and levy taxes and tariffs to fund essential government services.

The impeachment process in the United States is derived from a tool used by the British Parliament to hold accountable ministers of the Crown who were believed to be beyond the reach of criminal courts. This process was adopted and modified by the American colonies and later incorporated into the Constitution. Impeachment may occur at the federal level, as outlined above, but it can also occur at the state level if provided for in the state's constitution.

The House of Representatives has exercised its impeachment power on several occasions, including the impeachment of Tennessee Senator William Blount in 1797. More recently, in 2018, the Illinois House of Representatives impeached Illinois Governor Rod Blagojevich on corruption charges, leading to his removal from office and a bar from holding future office.

While the House of Representatives holds the sole power to initiate impeachment, the Senate is responsible for trying impeachments and voting on the conviction and sanction of the impeached official. The sanctions are limited to removal from office and potentially a bar from holding future office, but impeachment does not preclude criminal liability.

The Senate confirms presidential nominations and approves treaties

The United States Congress, comprising the House of Representatives and the Senate, is the only legislative office mandated by the Constitution. The Senate is responsible for confirming presidential nominations and approving treaties. This power is derived from the Appointments Clause of the United States Constitution, which grants the President the authority to nominate public officials, subject to the advice and consent of the Senate.

The Appointments Clause distinguishes between two types of officers: principal officers and inferior officers. Principal officers, such as ambassadors, Cabinet secretaries, federal judges, and Supreme Court justices, must be appointed by the President and confirmed by the Senate. On the other hand, the appointment of inferior officers, such as district court clerks and federal supervisors of elections, can be vested by Congress in the President alone, the judiciary, or department heads.

The process of obtaining the Senate's advice and consent involves a majority vote in the Senate. The Senate may also choose to provide informal advice to the President before the nomination is made, although this is not mandatory. In the case of appointments to the Supreme Court, a filibuster could prevent the nomination from proceeding to a vote until the Senate rule was changed in 2017.

The role of the Senate in confirming presidential nominations is essential to maintain a balance of power between the legislative and executive branches of the government. The framers of the Constitution were concerned about the potential for Congress to fill offices with their supporters, undermining the President's control over the executive branch. By requiring the Senate's advice and consent, the Appointments Clause ensures that the President's nominees are subject to additional scrutiny and approval.

In addition to confirming presidential nominations, the Senate also plays a crucial role in approving treaties. The President has the power to make treaties, but only with the advice and consent of the Senate, with at least two-thirds of the Senators present concurring. This provision ensures that treaties entered into by the United States reflect the input and approval of both the executive and legislative branches of the government.

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Congress has the power to declare war

The United States Congress, comprising the House of Representatives and the Senate, is the only legislative office mandated by the Constitution. Article I of the Constitution enumerates the powers of Congress and the specific areas in which it may legislate.

Congress has the sole authority to declare war. This power is granted by the Declare War Clause (Article I, Section 8, Clause 11) of the Constitution. The Declare War Clause confers broad authority upon Congress to pursue and prosecute the war effort by all means and in any manner in which war may be legitimately prosecuted.

Congress has enacted an extensive set of statutes that trigger a host of special wartime authorities concerning the military, foreign trade, energy, communications, alien enemies, and other issues if Congress declares war. For example, Congress may authorise the President to use force or introduce troops into hostile circumstances in the event of a declaration of war, specific authorisation by Congress, or a national emergency created by an attack on the United States or its territories.

While Congress has the sole authority to declare war, the Constitution does not specify the format or majority required for such a declaration. Historically, a simple majority in both houses has been assumed to be sufficient. However, it is worth noting that Congress has not declared war since 1941, and the United States has been involved in numerous military conflicts since World War II without a formal declaration of war.

The President can veto legislation passed by Congress

The United States Congress, comprising the House of Representatives and the Senate, is the legislative branch of the federal government of the United States. Congress is the only branch of the US government with the authority to enact legislation and declare war, and it has the right to confirm or reject Presidential appointments.

Article I, Section 7 of the US Constitution grants the President the authority to veto legislation passed by Congress. This is one of the most significant tools the President has to prevent the passage of legislation. The President has 10 days (excluding Sundays) to act on legislation, or it automatically becomes law.

There are two types of vetoes: the "regular veto" and the "pocket veto". The regular veto is a qualified negative veto. The President returns the unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message". Congress can override the President's decision if it musters a two-thirds vote in both the House and the Senate. The first regular veto was issued by President George Washington on April 5, 1792.

The pocket veto is an absolute veto that cannot be overridden. The veto becomes effective when the President fails to sign a bill after Congress has adjourned and is unable to override the veto. If Congress is in session and the President takes no action within 10 days, the bill becomes law. If Congress adjourns before 10 days are up and the President takes no action, the bill dies and Congress may not vote to override. This is called a pocket veto, and if Congress still wants to pass the legislation, they must begin the process again. The first pocket veto was used by President James Madison in 1812.

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