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4.01 Notes Guide
“Congressional Power”
Complete4.01 Notes Guide as you review the lesson.
Introduction:
Analyze the image. Who is the man and what is he doing?
He is obviously in a hurry. Where is he going and why is he in such a hurry?
What is the cartoonist’s main point?
The Legislative Branch
The of government is outlined in Article I of the Constitution. It is often called the first branch of government. The Legislative Branch is given the responsibility of enacting public policy in a manner that represents the people. In this lesson you will learn how Congress is organized. You will explore constitutional provisions regarding Congress and checks it has on other branches of government.
The Legislative Branch
is the lawmaking or legislative branch of our federal government. The Legislative Branch is made up of a Congress with two chambers: the and . There are 535 voting members in Congress including 435 Representatives and 100 Senators. They meet at the Capital Building in Washington D.C. to make laws for our country.
Representing “We the People”
of the Constitution gives the legislative branch the power to make laws. Article I also states that “the people” will elect the members of Congress to reflect the will of the people.
Each member of Congress is elected by , or people represented by a member of Congress, from his or her geographic area.
Members of Congress must represent their constituents’ interests and concerns while representing what is best for the country as a whole. Occasionally, the needs of constituents and what is best for the nation as a whole may conflict. Members of Congress must balance the both to obtain an outcome that is best for all.
Powers of Congress
Article Iof the Constitution also outlines the powers given to Congress.
Article I, Section 8 lists approximately 19 , or expressed powers that are specifically granted to Congress in the Constitution.
Article 1, Section 8, Clause 18 contains the which states that Congress has the power to “make all Laws which shall be necessary and proper for carrying into executions the (expressed) Powers and all other Powers vested (given) by the Constitution.” In other words, this clause gives Congress or suggested powers not specifically stated in the Constitution.
Financial Powers
The Constitution gives Congress the expressed power to raise money by levying/collecting taxes and borrowing money to run the government.
The inability to collect taxes was a major weakness of the Articles of Confederation; therefore, the framers of the Constitution specifically granted Congress the “power to lay and collect taxes.” provided a majority of tax revenues for much of our history. like those placed on gasoline, liquor, or transportation services are included in the price of a product and are collected by the government. The Constitution limited by Congress until the was passed in 1913 that gave Congress the power to collect a federal income tax.
Financial Powers
In addition to the power to collect taxes, the Constitution gives Congress the expressed power of borrowing money to run the government.
The power to borrow money allows the government to continue to function even when there is a or not enough money to cover expenses. Deficit spending is primarily intended for emergencies like times of war; however, it has become a standard practice by Congress.
Article I, Section8, Clause 3, of the Constitution contains the which grants Congress the power to regulate commerce between the states, with Indian tribes, and with foreign nations. In 1824 the Supreme Court helped to define the commerce clause in the landmark case Gibbons v. Ogden.
National Defense and Foreign Policy Powers
In addition to powers related to financial matters, the Constitution gives Congress powers related to national defense and foreign policy. The responsibility is actually divided between Congress and the President in matters of foreign policy and defense.
Congress is given the power to declare war. However, according to the of 1973, the President can send troops into battle without approval by Congress for up to 60 to 90 days.
Article I, Section 8, Clauses 12 and 13 of the Constitution gives Congress the power to create an army and a navy and to provide for their funding. States share the power of maintaining a militia with Congress due to establishment of a National Guard within each state.
Other Powers
The Constitution gives Congress many other powers, both expressed and implied. The following is a list of additional expressed powers and non-legislative powers given to Congress:
•Power to coin money and punish counterfeiters
•Power to create a
•Power to establish standardized weights and measures like pound, yards, etc
•Power to write laws concerning copyright, patent laws, and bankruptcy
•Power to establish a “uniform Rule of ” or the process through which an immigrant becomes a citizen.
•Power to establish federal courts below the Supreme Court
•Power to make laws concerning elections of its members to Congress
•Both Houses of Congress share the power to propose amendments to the Constitution and conduct investigations
Checks and Balances
In addition to separating the powers of the government into three branches, a series of were put into effect. This system allows each branch the ability to limit the power of the other two branches. Congress has significant power to check the Judicial and Executive Branches.
Checks on the Executive Branch
Congress has powers to check the Executive Branch including the “power of the purse” and “the power of advice and consent.”
Only Congress has the power to approve spending by the federal government, hence the phrase “power of the purse.” Congress can refuse to fund requests made by the President or they may pass anto fund select requests.
Congress also has the power of “advice and consent” concerning presidential appointments and treaties. The Senate can refuse to approve presidential . Also, the President must also get a 2/3 vote of approval from the Senate in order for a treaty to become a law.
Checks on the Executive Branch
Congress has other powers to check the Executive Branch including the power to override a veto and the power to impeach.
Congress can override a Presidential veto with a two-thirds vote of each house of Congress. In addition, Congress has the power of or the power to review operations of the executive branch to make sure laws are being followed.
Finally, Congress has the power of or the power to charge officials in the executive branch with wrongdoing and bring them to trial. Andrew Johnson and Bill Clinton are the only two Presidents to be impeached, neither was removed from office.
Checks on the Judicial Branch
The power of consent and impeachment also provides Congress with checks on the Judicial Branch.
Congress can refuse to approve judicial appointments. They can also impeach or bring charges against justices within the judicial branch.
Finally, Congress can use its power to amend the Constitution as a check and balance on the power of the Supreme Court to declare a law unconstitutional.
Representing “We the People”
The framers carefully crafted the legislative branch to be representatives of the people. From the vast lawmaking powers to the system of checks and balances over the executive and judicial branches, our Congress was created to be the best representative branch for “We the People.”