The Legislative Branch: Understanding Congressional Offices

The United States Congress, established by Article I of the Constitution, consists of the House of Representatives and the Senate. The Constitution grants Congress the authority to enact legislation, declare war, confirm or reject presidential appointments, and conduct investigations. Congress is also responsible for establishing an annual budget, levying taxes, and authorizing borrowing if insufficient funds are raised. Additionally, Congress has oversight powers over the executive branch, including the ability to remove the President from office in exceptional circumstances. The House of Representatives and the Senate each have their own rules and procedures, with the presiding officer of the House being the Speaker of the House, who is third in the line of succession to the Presidency. While Congress plays a crucial role in the legislative process, it is subject to checks and balances from the executive and judicial branches of the government.

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Congressional power to enact laws

The Legislative Branch of the US government, established by Article I of the Constitution, consists 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, confirm or reject Presidential appointments, and substantial investigative powers.

Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing ones. Executive Branch agencies can issue regulations with the force of law, but only under the authority of laws enacted by Congress.

Congress is empowered to enact 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 for the government, where Congress levies taxes and tariffs to provide funding for essential government services. If there is insufficient funding, Congress may authorize borrowing to make up the difference. Congress can also mandate spending on specific items, commonly known as "earmarks".

The work of Congress is initiated by the introduction of a proposal in one of four forms: the bill, the joint resolution, the concurrent resolution, and the simple resolution. The most common form used in both Houses is the bill. Once a bill has been drafted, it is introduced to Congress, where it must be passed by a majority vote in both the House and the Senate to become legislation. The bill is then presented to the President for approval. The President may veto the bill, but Congress can override this veto with a two-thirds vote in both the Senate and the House of Representatives.

Congressional oversight of the executive branch

Congress has broad investigative powers and may compel the production of evidence or testimony in various areas, including the executive branch's rulemaking process. This investigative authority is delegated through committees, such as the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs, which are devoted to overseeing and reforming government operations within their respective policy areas.

Congress also has the support of federal agencies and offices in its oversight role. These include the Council of the Inspectors General on Integrity and Efficiency (CIGIE), the Office of Management and Budget (OMB), the Government Accountability Office (GAO), the Congressional Research Service (CRS), and the Congressional Budget Office (CBO). The GAO, for example, audits and generates reports on every aspect of the government, including the executive branch, ensuring that taxpayer dollars are spent effectively and efficiently.

To enhance its oversight functions, Congress has explored options such as creating new regulatory or legal offices, or revising existing processes and functions. For instance, the establishment of a Congressional Office of Legal Counsel (OLC) has been debated for decades, with potential functions including advisory, litigation, and coordination roles. Another suggestion is the creation of a Congressional Office of Regulatory Review. However, these options come with trade-offs, such as increased costs and potential duplication of existing services.

Congressional investigative powers

The United States Congress is made up of the House of Representatives and the Senate, which together form the Legislative Branch of the federal government. Although the Constitution does not expressly authorize Congress to conduct investigations, Congress and the courts have long recognized that Congress has an inherent, constitutional prerogative to conduct investigations. The first congressional investigation occurred as early as 1792, when the House of Representatives convened a committee to investigate the defeat of General Arthur St. Clair in the Battle of Wabash.

Congress's investigative powers are broad, but not unlimited. They are tied to its authority to legislate, and so limits on congressional investigations are linked to the limits on Congress's constitutional authority. Congress has the authority to conduct investigations "in aid of its legislative function." This authority can extend to investigations for deciding whether legislation is appropriate, to information gathering on matters of national importance, and to oversight of federal departments and executive agencies. Congress can investigate conduct that may be criminal, but it lacks the authority to bring criminal charges or initiate a criminal prosecution. If a congressional investigation uncovers evidence of criminal activity, Congress may refer the matter to the Department of Justice for investigation and potential prosecution.

Congressional practice suggests that legislative inquiries primarily serve to gather information valuable for considering and producing legislation, or to inform the public. Congress's power to conduct investigations stands on equal footing with its authority to legislate and appropriate. This power of inquiry is an essential and appropriate auxiliary to the legislative function. Congress is empowered to obtain pertinent testimony and documents through investigations into nearly any matter. However, Congress has no general authority to investigate the purely private affairs of an ordinary citizen. The doctrine of separation of powers also places limits on congressional investigative authority. Congress cannot investigate matters where the means of redress is purely judicial, nor can it investigate matters committed to the President's discretion.

Congress also maintains an investigative organization, the Government Accountability Office (GAO). Founded in 1921 as the General Accounting Office, its original mission was to audit the budgets and financial statements sent to Congress by the Secretary of the Treasury and the Director of the Office of Management and Budget. Today, the GAO audits and generates reports on every aspect of the government, ensuring that taxpayer dollars are spent effectively and efficiently.

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Congressional confirmation or rejection of presidential appointments

The United States Congress is made up of the House of Representatives and the Senate, which together form the Legislative Branch of the federal government. The Constitution grants Congress the authority to enact legislation and declare war, as well as the right to confirm or reject many presidential appointments.

The Supreme Court has interpreted these requirements as distinguishing between two types of officers: principal officers, who must be appointed by the President and confirmed by the Senate, and inferior officers, whose appointment Congress may place with the President, judiciary, or department heads. This interpretation ensures a separation of powers, as the power to create offices is separated from the President's authority to nominate officers.

The process of confirmation or rejection typically involves hearings and investigations conducted by Congressional committees. These committees are devoted to overseeing and reforming government operations within their respective policy areas. Congress also maintains an investigative organization, the Government Accountability Office (GAO), which audits and generates reports on government spending to ensure effectiveness and efficiency.

In addition to confirming or rejecting appointments, Congress may also exercise legislative authority by establishing an annual budget and levying taxes and tariffs to fund essential government services. Congress can also authorize borrowing if sufficient funds cannot be raised, and mandate spending on specific projects through legislatively directed spending, commonly known as "earmarks."

Congressional authority to declare war

The United States Congress is made up of the House of Representatives and the Senate, forming the Legislative Branch of the federal government. The Constitution grants Congress the authority to declare war, both formally and informally, as outlined in the Declare War Clause (Clause 11 of Article I, Section 8). This clause gives Congress the power to initiate war through official declarations or by authorising hostile attacks. For example, after the September 11, 2001 attacks, Congress authorised the President to use force against those responsible, as well as those who supported or assisted them.

Congress's authority to declare war is an important check on the President's power, limiting their ability to direct the military without specific congressional approval. This is not violated when the President's actions do not initiate war or when the Executive Branch uses military force pursuant to statutory authority. The Necessary and Proper Clause further empowers Congress to make laws necessary for executing its powers and those authorised by the Constitution, including the President's war power under Article II.

Congress also has the power to issue letters of marque and reprisal, authorising private citizens to capture or destroy enemy property, and to make rules concerning captures on land and at sea. Additionally, Congress can raise and support armies, establish and maintain a navy, and provide for the militia's calling, organisation, armament, and discipline.

While Congress has not issued a formal declaration of war since World War II, it continues to shape US military policy through appropriations, oversight, and resolutions authorising the use of military force.

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