The U.S. Congress: Powers, Structure, and Lawmaking
Expressed Powers of Congress
The expressed powers of Congress include:
- Coining money
- Collecting taxes
- Regulating commerce
- Raising and maintaining armed forces
- Declaring war
Funding the Government: Congressional Authority
The Constitution authorizes Congress to fund the government primarily through levying taxes and borrowing money.
Direct vs. Indirect Taxes Explained
An indirect tax is levied on one person but passed on to another for payment to the government (e.g., sales tax, excise taxes). A direct tax is one an individual or entity pays directly to the government (e.g., income tax, property tax).
Understanding the War Powers Resolution
The War Powers Resolution is an act Congress passed to limit the president’s ability to commit U.S. forces to armed conflict without a formal declaration of war from Congress.
Congress’s Non-Legislative Powers
Some of Congress’s non-legislative powers include:
- Powers common to both houses (e.g., proposing constitutional amendments)
- Powers specific to the House (e.g., impeachment)
- Powers specific to the Senate (e.g., confirming appointments, trying impeachments)
Goals of the Bicameral Structure of Congress
The main goals of the bicameral (two-house) structure of Congress are to ensure representation for both the states (Senate) and the population (House), and to provide checks and balances within the legislative branch itself, preventing hasty legislation.
Congressional Oversight of the Executive Branch
Congress can use its power to investigate or check the executive branch to ensure it is adhering to the laws and the Constitution. This oversight function is crucial for maintaining checks and balances.
Which Chamber Represents the People Most Closely?
The House of Representatives is generally considered the chamber most closely in touch with the people, due to shorter terms and smaller, more localized districts.
The Filibuster and the Senate’s Unique Role
The filibuster, a tactic used to delay debate or block a vote on a bill, reflects the Senate’s special character by emphasizing deliberation and protecting minority viewpoints. As long as a senator can keep talking, the vote is delayed until sixty senators vote to invoke cloture (end the debate).
Sources of Legislative Ideas for Congress Members
Members of Congress get ideas for legislation and information from various sources, including:
- Subcommittees and committee research
- Their own expertise and knowledge
- Their constituents (the people they represent)
- Interest groups and lobbyists
- Executive branch agencies
Gibbons v. Ogden: Regulating Commerce
The Supreme Court case of Gibbons v. Ogden (1824) affirmed Congress’s power under the Commerce Clause to regulate interstate commerce, broadly interpreting federal authority over navigation and economic activities crossing state lines.
Understanding Floor Privileges in Congress
Floor privileges refer to the right to be admitted onto the floor of a legislative chamber (like the House or Senate) while it is in session. This privilege is typically restricted to members, specific staff, and designated officials.
Characteristics of an Effective Lobbyist
An effective lobbyist often possesses the following characteristics:
- Charismatic: Able to build rapport and connect with people.
- Persuasive: Skilled in argumentation and influence.
- Knowledgeable: Deep understanding of the issues and legislative process.
- Experienced: Familiarity with policymakers and procedures.
- Well-connected: Strong network of contacts.
Key Roles of Senators and Representatives
Members of the Senate and House of Representatives fulfill several key roles:
- Represent the views of their constituents (state or district).
- Scrutinize the work of the government (oversight).
- Introduce, debate, and vote on legislation.
- Work on committees to analyze issues and legislation, gathering information from experts, community organizations, lobby groups, and the public.
- Present petitions from constituents.
- Participate in hearings (like Senate Estimates or House Appropriations) to review government spending and operations.
How a Bill Becomes Law and the Veto Process
For a bill to become law, it must pass in identical form in both the U.S. House of Representatives and the U.S. Senate. It is then sent to the President. If the President approves and signs the bill, it becomes law.
If the President disapproves, they can veto the bill, returning it to Congress with objections. Congress can override the President’s veto if it musters the necessary two-thirds vote in each house. If the veto is overridden, the bill becomes law without the President’s signature. The first regular presidential veto was issued by George Washington in 1792, and the first successful congressional override occurred in 1845 against President John Tyler’s veto.