Jonah Patel
In representative democracies, a mandate is a perceived legitimacy to rule through popular support. Mandates are conveyed through elections, in which voters choose political parties and candidates based on their own policy preferences. The election results are then interpreted to determine which policies are popularly supported. Political science research suggests that mandates can shape which policies Congress enacts. 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. While Presidential mandates are not real, Congress sometimes acts as if they are. Presidents interpret elections in a variety of ways: sometimes as mandates for their own leadership and judgment, but more often for the issues and governing philosophies they talked about during the campaign. Executive orders are a common way for presidents to turn their mandates into action.
| Characteristics | Values |
|---|---|
| Who turns mandates into action? | Congress |
| What is a mandate? | A social construct based on what is understood to be the will of the voters |
| What does a mandate confer? | Political advantage |
| What is the main idea behind mandates? | That some elections are exceptional, carrying an urgent message from the electorate that confers special authority on the president or other elected officials |
| What do mandates shape? | Which policies Congress enacts |
| What is the modern concept of a mandate? | Developed around the 16th century and became prominent after the French Revolution |
| What is the term "mandate" used for? | To refer to the alchemy of an electorate's votes transforming into legislation |
| What is the role of Congress? | To enact legislation, declare war, confirm or reject Presidential appointments, and investigate |
| What is the role of the House of Representatives? | To ratify trade agreements and confirm the Vice President |
| What is the role of the Senate? | To ratify treaties and confirm Presidential appointments |
| What is the role of the President? | To issue executive orders, proclamations, and administrative orders |
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What You'll Learn
- The Legislative Branch: Congress's role in passing legislation
- Executive Orders: Presidential directives that manage operations of the federal government
- Congressional Oversight: Congress's power to check the President's power
- Congressional Hearings: Committees devoted to overseeing and reforming government operations
- Congressional Mandates: Spending on specific items, e.g. projects, rather than government agencies
The Legislative Branch: Congress's role in passing legislation
The Legislative Branch, as the name suggests, is the branch of the US government that is responsible for making laws. The US Congress, which is made up of the House of Representatives and the Senate, is the body that enacts legislation.
Congress has a range of powers, including the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population, with a further 6 non-voting members representing Washington DC, Puerto Rico, and other US territories. The Senate, meanwhile, has the power to ratify treaties and confirm Presidential appointments.
Congress plays a crucial role in passing legislation, as it holds the power to enact laws. Members of Congress spend a significant amount of time holding hearings and investigations in committee, and both chambers have extensive investigative powers. They can compel the production of evidence or testimony and can issue subpoenas, with refusal to cooperate resulting in charges of contempt of Congress and potential prison time.
Congress also has the power to authorize borrowing if sufficient funds cannot be raised to fund the government. It can also mandate spending on specific items through "earmarks", which direct funds to particular projects. In addition, Congress can confirm or reject Presidential appointments and ratify treaties.
While the President can issue executive orders, which are directives that manage operations of the federal government, they often require congressional cooperation to implement their agenda. The Legislative Branch, through Congress, plays a crucial role in passing legislation and overseeing the executive branch, providing a check on the President's power.
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Executive Orders: Presidential directives that manage operations of the federal government
Executive orders are signed, written, and published directives from the President of the United States that manage operations of the federal government. They are one of the most common "presidential" documents in modern American government, with every US president since George Washington issuing at least one. As of 2022, there have been over 13,731 executive orders issued.
Executive orders are often controversial and are perceived as "instant laws". They are consecutively numbered and can be referenced by their assigned number or topic. They are published in the Federal Register, the daily journal of the federal government, along with proclamations and certain administrative orders, to inform the public about federal regulations and actions. They are also catalogued by the National Archives as official documents.
The structure of an executive order typically includes an introduction that legitimises the order, followed by a body that contains the actual orders and action steps. The body may also include subsections with additional details and relevant definitions. Executive orders are written in the first person, from the President to other officials or personnel in the executive branch or federal agencies.
Executive orders have been used by presidents to direct certain aspects of agency rulemaking and to assert control over the administrative state. For example, President Reagan issued Executive Order 12,291, invoking the Constitution to justify executive direction over agencies. This order introduced a presidentialist default rule, stating that in the absence of congressional legislation, the President holds residual administrative powers.
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Congressional Oversight: Congress's power to check the President's power
Congressional oversight is the United States Congress's check on the President's power and a balance against their discretion in implementing laws and making regulations. Congress is made up of the House of Representatives and the Senate. While the US Constitution does not grant formal authority to investigate the executive or program administration, oversight is implied in Congress's enumerated powers.
Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress exercises this power through its committee system, with both chambers of Congress having extensive investigative powers. Congress can compel the production of evidence or testimony, and refusal to cooperate can result in charges of contempt of Congress, which could result in a prison term.
Congressional investigations are an important part of the system of checks and balances, as they can uncover presidential abuses of power and corruption. For example, investigations in the 1920s exposed the Teapot Dome scandal, and investigations in the 1970s revealed the Watergate scandal.
Congress's oversight authority is derived from its implied powers in the Constitution, public laws, and House and Senate rules. Congress has the power to appropriate funds, enact laws, raise and support armies, provide for a Navy, declare war, and impeach and remove from office the President, Vice President, and other civil officers.
In addition to these standing committees, Congress also conducts oversight through temporary select committees. For example, in 1999, a select committee inquired into China's acquisition of US nuclear weapons information.
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Congressional Hearings: Committees devoted to overseeing and reforming government operations
Congressional hearings are a crucial aspect of the legislative process in the United States, with committees playing a pivotal role in overseeing and reforming government operations. The United States Congress, comprising the House of Representatives and the Senate, holds substantial investigative powers.
Committees are subsidiary organisations established to consider legislation, conduct hearings and investigations, and carry out other tasks as instructed by the Senate. They are tasked with holding legislative hearings on measures or policy issues that may become public law. Hearings provide a platform for diverse stakeholders, including members of Congress, government officials, interest groups, academics, and citizens, to present facts and opinions. This process ensures that the executive branch's actions align with legislative intent and that administrative policies reflect the public interest.
For instance, on May 8, 1996, the Senate Committee on Energy and Natural Resources held an oversight hearing to examine a recent spike in gasoline prices. On the same day, the Committee on Governmental Affairs conducted an oversight hearing on the Internal Revenue Service, while the Committee on Health, Education, Labor, and Pensions reviewed the implementation of the Family and Medical Leave Act.
Additionally, confirmation hearings on presidential nominations are held to fulfil the Senate's "advice and consent" responsibilities under the Appointments Clause. These hearings offer an opportunity for oversight into the activities of the nominee's department or agency. For instance, in October 1999, the Committee on Foreign Relations and the Committee on Armed Services held hearings on the Comprehensive Nuclear Test Ban Treaty.
Congressional hearings can also take place outside Washington, known as field hearings. For example, the Committee on Commerce held a field hearing in Bellingham, Washington, following a liquid pipeline explosion in the city. These hearings empower committees to gather information and conduct oversight, ensuring the government's actions align with the will of the people and improving the efficiency and effectiveness of government operations.
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Congressional Mandates: Spending on specific items, e.g. projects, rather than government agencies
The United States Congress is made up of the House of Representatives and the Senate, and it holds the power of the purse, giving it the authority to make spending and tax decisions. Congress can mandate spending on specific items, also known as "earmarks", which specify funds for a particular project rather than a government agency. This is done through legislatively directed spending, which is a type of congressional mandate.
Congressional mandates for spending on specific items allow for funds to be directed towards particular projects or initiatives, providing targeted financial support. This can include allocating money for construction, infrastructure development, research endeavours, or any other specific purpose that falls within the scope of the mandate.
The process of allocating funds through congressional mandates involves several steps. First, the House of Representatives and the Senate work together to pass legislation that authorizes the spending. This legislation outlines the details of the project, including the amount of funding required and the purpose for which the funds will be used. The legislation must be passed by both chambers of Congress, demonstrating a consensus on the importance and validity of the specified project.
Once the legislation is passed, the mandate for spending takes effect. The specified funds are then directed towards the designated project, ensuring that the allocated money is used for its intended purpose. This process allows Congress to have direct control over how taxpayer money is spent, ensuring that it aligns with the priorities and needs of their constituents.
Congressional mandates for spending on specific items provide a mechanism for Congress to address specific issues or pursue targeted initiatives. By allocating funds in this way, Congress can drive progress in areas that may not be covered by existing government agencies or programs. This ability to direct spending towards particular projects gives Congress the power to initiate change and respond to the needs and demands of the American people.
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Frequently asked questions
In politics, a mandate is a perceived legitimacy to rule through popular support. Mandates are conveyed through elections, in which voters choose political parties and candidates based on their own policy preferences. The election results are then interpreted to determine which policies are popularly supported.
In representative democracies, voters can issue mandates to political parties and candidates. Non-electoral governments, such as dictatorships and monarchies, may also claim to have a popular mandate to rule.
When voters overwhelmingly support a specific party or candidate in an election, it may be interpreted as a communication from the voters that they wish for the associated political platform to be implemented, creating a mandate for that platform. Political parties then use this mandate to implement their preferred policies with the understanding that they are supported by the people.
The US Congress is made up of the House of Representatives and the Senate, and it holds the sole power to enact legislation and declare war. Congress can also mandate spending on specific items and authorize borrowing if there are insufficient funds to govern. While the President can issue executive orders to manage operations of the federal government, these orders require congressional cooperation to be implemented.
