Jonah Patel
The United States Congress, established by Article I of the Constitution, is the legislative branch of the federal government of the United States, consisting of the House of Representatives and the Senate. The Constitution grants Congress the power to establish federal government offices and outlines the legislative, executive, and judicial powers of Congress, including the authority to enact legislation, declare war, confirm or reject Presidential appointments, and conduct investigations. The House of Representatives and the Senate work together to pass legislation, with each chamber having specific roles and responsibilities. Congress also has the responsibility of funding government functions and programs, holding hearings, and providing oversight of the executive branch.
| Characteristics | Values |
|---|---|
| Legislative Branch | Consists of the House of Representatives and the Senate, which together form the United States Congress |
| Powers | To lay and collect taxes, duties, imposts, and excises; to borrow money; to regulate commerce; to establish rules of naturalization and bankruptcy; to coin money; to provide for punishment of counterfeiting; to establish tribunals inferior to the Supreme Court; to define and punish piracies and felonies committed on the high seas; to declare war; to raise and support armies; to provide for the militia; to exercise exclusive legislation over the seat of government; to make laws necessary and proper for carrying into execution its powers; to establish a federal judiciary; to make all laws necessary and proper for carrying into execution its powers; to establish federal offices |
| Legislative Authority | Establishment of an annual budget for the government; spending on specific items; investigative powers |
| Legislative Process | Bills must pass both houses of Congress before going to the President for consideration; if the President does not agree with the bill, a Conference Committee is convened to bring the bills into alignment, and each chamber votes again to approve the conference report |
| Members | Elected every two years; must be 25 years of age; no religious test shall be required as a qualification for office |
| Presiding Officer | Speaker of the House, elected by the Representatives |
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What You'll Learn
Congress's authority to establish offices
The United States Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Congress is established by Article I of the Constitution, which also enumerates its powers.
Congress has substantial authority to establish federal government offices. This authority stems from the Constitution's vesting of legislative power in Congress. The Necessary and Proper Clause further supplements this power, enabling Congress to enact laws that facilitate the execution of its specific authorities.
Congress's role in establishing offices is crucial for executing its legislative function and ensuring the effective operation of the federal government. By creating offices and appointing qualified individuals, Congress can fulfil its responsibilities in areas such as regulating commerce, establishing naturalization rules, and providing for the common defence.
In summary, while Congress has significant authority to establish federal government offices, this power is balanced by the involvement of the President and Senate in appointing officers and by constitutional limits on influencing appointed officers' actions.
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Congress's power to legislate
The United States Congress is made up of the House of Representatives and the Senate, which together form the country's legislative branch. This bicameral system is the result of a "Great Compromise" that seeks to balance the effects of popular majorities with the interests of the states.
Article I of the Constitution grants Congress the power to legislate and declare war, confirm or reject presidential appointments, and conduct investigations. Each chamber has the constitutional authority to make its own rules, and while the House generally allows a numerical majority to process legislation quickly, the Senate tends to favour deliberation, providing individual senators with significant procedural leverage. Congressional action is typically planned and coordinated by party leaders in each chamber.
Congress's legislative powers include the ability to lay and collect taxes, duties, imposts, and excises to provide for the common defence and general welfare of the United States. It can also borrow money, regulate commerce with foreign nations and Native American tribes, establish uniform rules for naturalization and bankruptcy, coin money, and fix the standard of weights and measures. Additionally, Congress has the power to raise and support armies, organize and govern militias, provide for the calling forth of the militia, and exercise exclusive legislation over the district that is the seat of the U.S. government.
Congress also has the authority to make laws that are necessary and proper for executing its powers and those of the government. This includes the establishment of an annual budget, which may involve borrowing money if tax revenues fall short. Congress can mandate spending on specific projects through "earmarks."
A bill must pass both houses of Congress before going to the President for consideration. If the President disagrees with the bill, they have the power to veto it, which significantly impacts the content of bills passed by Congress.
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Congress's 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. Article I of the Constitution enumerates the powers of Congress, including the authority to enact legislation, declare war, confirm or reject Presidential appointments, and substantial investigative powers.
While the Constitution does not expressly provide for a congressional power of inquiry, it has been acknowledged as an essential and appropriate auxiliary to the legislative function derived implicitly from Article I's vesting of legislative powers in Congress. This implied constitutional prerogative to gather information related to legislative activity is critical, as Congress cannot legislate effectively without sufficient information.
The investigative powers of Congress include the authority to initiate investigations, hold hearings, gather testimony or documents from witnesses, and compel compliance with congressional requests through the issuance and enforcement of subpoenas. Congressional committees can issue subpoenas, compel witnesses to testify, and hold them in contempt if they fail to comply. For example, during the Senate investigation of the Teapot Dome scandal in the 1920s, the Supreme Court held in McGrain v. Daugherty (1927) that Congress had the authority to issue subpoenas and compel witness testimony.
Congressional investigations have played a significant role in exposing wrongdoing, punishing transgressors, and shaping legislation. For instance, the Senate's investigation into the Watergate scandal led to the resignation of President Richard Nixon, and inquiries into issues such as interstate commerce, Wall Street banking practices, and organised crime have informed legislative decisions.
However, it is important to note that the investigative powers of Congress are limited to matters within its jurisdiction and should not infringe on the separation of governmental powers. The power of inquiry is intended to aid the legislative function, and Congress does not possess a general power to make inquiries into the private affairs of citizens.
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Congress's role in the federal budget
The United States Congress is made up of the House of Representatives and the Senate, as established by Article I of the Constitution. This article enumerates the powers of Congress, including the establishment of an annual federal budget.
Congress also sets funding levels for federal agencies each year, which typically accounts for about a third of all funding. The House and Senate create their own budget resolutions, which must be negotiated and merged into a single version of each funding bill. Congress can also mandate spending on specific items, known as "earmarks," which specify funds for particular projects rather than government agencies.
The annual federal budget process traditionally begins when the President submits a detailed budget request for the upcoming fiscal year, starting on October 1. This request outlines the President's recommendations for federal spending, tax revenue, and the resulting deficit or surplus. Congress then works on creating funding bills, which are sent to the President for approval or veto.
In addition, Congress is supposed to adopt a budget resolution to guide its budgetary actions for the year. This internal process, established by the Congressional Budget Act of 1974, is meant to help Congress formulate and enforce an overall plan for acting on budget legislation. However, Congress has increasingly chosen to ignore this process in recent years.
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Congress's authority to declare war
The United States Congress is made up of the House of Representatives and the Senate, which together form the Legislative Branch of the US government. Article I, Section 8 of the US Constitution specifically enumerates Congress's powers, which include the power "to declare war".
The Declare War Clause, as it is known, unquestionably gives Congress the power to initiate hostilities. However, the extent to which this limits the President's ability to use military force without Congress's approval is highly contested. While most agree that the President cannot declare war on their own authority, some argue that they may initiate the use of force without a formal declaration.
Congress has interpreted the Constitution to mean that the President may introduce troops into hostile circumstances if Congress has either declared war, specifically authorised the use of force, or in the event of a national emergency created by an attack on the US or its territories. 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.
On the other hand, the Executive Branch claims that the Constitution empowers the President, as Commander-in-Chief, to deploy the military to protect American persons and interests without seeking prior authorisation from Congress. This interpretation has been borne out by several instances of Presidents ordering military action independently, such as President Truman's deployment of US forces to Korea, and President Obama's use of airstrikes in Libya.
Since World War II, the US has not formally declared war, and statutory authorisations have become the predominant method for Congress to permit military action.
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Frequently asked questions
The US Congress is the legislative branch of the federal government of the United States, consisting of the House of Representatives and the Senate.
Congress has the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and investigate matters. Congress also has the power to establish federal government offices and levy taxes.
A bill must pass both houses of Congress and receive the President's signature to become a law. If the President does not agree with the bill, they may request changes by returning it to Congress with their objections.
Congress is responsible for funding government functions and programs through its power to levy taxes, borrow money, and authorize spending. Congress establishes an annual budget and can mandate spending on specific items through earmarks.
Congress has the power to establish inferior tribunals to the Supreme Court and appoint federal judges with the Senate's advice and consent. Congress also plays a role in the impeachment process, which can result in the removal of officers from their positions.
