Powers Overview , which authorizes it to tax citizens, spend money, and print currency , investigating President
Nixon and the
Watergate scandal from 1973 to 1974
Article One of the Constitution creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress.
Constitutional amendments have granted Congress additional powers. Congress also has
implied powers derived from the Constitution's
Necessary and Proper Clause. Congress has authority over financial and budgetary policy through the enumerated power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States". There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress's power to manage the budget has been lost when the welfare state expanded since "entitlements were institutionally detached from Congress's ordinary legislative routine and rhythm." Another factor leading to less control over the budget was a
Keynesian belief that balanced budgets were unnecessary. The Constitution also grants Congress the exclusive power to appropriate funds, and this
power of the purse is one of Congress's primary
checks on the executive branch. Generally, the Senate and the House of Representatives have equal legislative authority, although only the House may originate revenue and
appropriation bills. Some critics charge that the
executive branch has usurped Congress's constitutionally defined task of declaring war. While historically presidents initiated the process for going to war, they asked for and received formal war declarations from Congress for the
War of 1812, the
Mexican–American War, the
Spanish–American War,
World War I, and
World War II, although President
Theodore Roosevelt's military move into Panama in 1903 did not get congressional approval. According to
Time magazine in 1970, "U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times." Disagreement about the extent of congressional versus presidential power regarding war has been present periodically throughout the nation's history. Congress can establish post offices and post roads, issue patents and
copyrights, fix standards of weights and measures, establish
Courts inferior to the Supreme Court, and "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof".
Article Four gives Congress the power to admit new states into the Union. One of Congress's foremost non-legislative functions is the power to
investigate and oversee the executive branch.
Congressional oversight is usually delegated to
committees and is facilitated by Congress's subpoena power. Some critics have charged that Congress has in some instances failed to do an adequate job of overseeing the other branches of government. In the
Plame affair, critics including Representative
Henry A. Waxman charged that Congress was not doing an adequate job of oversight in this case. There have been concerns about congressional oversight of executive actions such as
warrantless wiretapping, although others respond that Congress did investigate the legality of presidential decisions. Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has the exclusive
power of removal, allowing impeachment and removal of the president, federal judges and other federal officers. There have been charges that presidents acting under the doctrine of the
unitary executive have assumed important legislative and budgetary powers that should belong to Congress. So-called
signing statements are one way in which a president can "tip the balance of power between Congress and the White House a little more in favor of the executive branch", according to one account. Past presidents, including
Ronald Reagan,
George H. W. Bush,
Bill Clinton, and
George W. Bush, have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators, including the
American Bar Association, have described this practice as against the spirit of the Constitution. There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress. In 2008,
George F. Will called the Capitol building a "tomb for the antiquated idea that the legislative branch matters".
Enumeration The Constitution enumerates the powers of Congress in detail. In addition, other congressional powers have been granted, or confirmed, by constitutional amendments. The
Thirteenth (1865),
Fourteenth (1868), and
Fifteenth Amendments (1870) gave Congress authority to enact legislation to enforce rights of African Americans, including
voting rights,
due process, and
equal protection under the law. Generally militia forces are controlled by state governments, not Congress.
Implicit, commerce clause Congress also has
implied powers deriving from the Constitution's
Necessary and Proper Clause which permit Congress to "make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof". Broad interpretations of this clause and of the
Commerce Clause, the enumerated power to regulate commerce, in rulings such as
McCulloch v. Maryland, have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section Eight.
Territorial government Constitutional responsibility for the oversight of
Washington, D.C., the federal district and national capital, and the U.S. territories of
Guam,
American Samoa,
Puerto Rico, the
U.S. Virgin Islands, and the
Northern Mariana Islands rests with Congress. The republican form of government in territories is devolved by congressional statute to the respective territories including direct election of governors, the D.C. mayor and locally elective territorial legislatures. Each territory and Washington, D.C., elects a non-voting delegate to the U.S. House of Representatives as they have throughout congressional history. They "possess the same powers as other members of the House, except that they may not vote when the House is meeting as the House of Representatives". They are assigned offices and allowances for staff, participate in debate, and appoint constituents to the four military service academies for the Army, Navy, Air Force and Coast Guard. Washington, D.C., citizens alone among U.S. territories have the right to directly vote for the President of the United States, although the Democratic and Republican political parties nominate their presidential candidates at national conventions which include delegates from the five major territories.
Checks and balances seen from the
United States Supreme Court building in 1999, presided over by
Chief Justice William Rehnquist Representative
Lee H. Hamilton explained how Congress functions within the federal government: To me the key to understanding it is balance. The founders went to great lengths to balance institutions against each otherbalancing powers among the three branches: Congress, the president, and the Supreme Court; between the House of Representatives and the Senate; between the federal government and the states; among states of different sizes and regions with different interests; between the powers of government and the rights of citizens, as spelled out in the Bill of Rights... No one part of government dominates the other. The influence of Congress on the presidency has varied from period to period depending on factors such as congressional leadership, presidential political influence, historical circumstances such as war, and individual initiative by members of Congress.
The impeachment of
Andrew Johnson made the presidency less powerful than Congress for a considerable period afterwards. The 20th and 21st centuries have seen the rise of presidential power under politicians such as
Theodore Roosevelt,
Woodrow Wilson,
Franklin D. Roosevelt,
Richard Nixon,
Ronald Reagan, and
George W. Bush. Congress restricted presidential power with laws such as the
Congressional Budget and Impoundment Control Act of 1974 and the
War Powers Resolution. The presidency remains considerably more powerful today than during the 19th century. Many government actions require fast coordinated effort by many agencies, and this is a task that Congress is ill-suited for. Congress is slow, open, divided, and not well matched to handle more rapid executive action or do a good job of overseeing such activity, according to one analysis. The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to
impeach executive or judicial officials for "Treason, Bribery, or other high Crimes and Misdemeanors". Impeachment is a formal accusation of unlawful activity by a civil officer or government official. The Senate is constitutionally empowered and obligated to try all impeachments. A simple majority in the House is required to impeach an official; a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the
defendant be banned from holding office in the future. Impeachment proceedings may not inflict more than this. A convicted party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. Another resigned before the Senate could complete the trial. Only three presidents have ever been impeached:
Andrew Johnson in 1868,
Bill Clinton in 1999,
Donald Trump in 2019 and 2021. The
trials of Johnson, Clinton, and the 2019 trial of Trump all ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for
conviction. In 1974,
Richard Nixon resigned from office after
impeachment proceedings in the
House Judiciary Committee indicated his removal from office. The Senate has an important check on the executive power by confirming
Cabinet officials, judges, and other high officers "by and with the Advice and Consent of the Senate". It confirms most presidential nominees, but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. As a result, presidential arm-twisting of senators can happen before a key vote; for example, President Obama's secretary of state,
Hillary Clinton, urged her former senate colleagues to approve a nuclear arms treaty with Russia in 2010. The House of Representatives has no formal role in either the ratification of treaties or the appointment of federal officials, other than in
filling a vacancy in the office of the vice president; in such a case, a majority vote in each House is required to confirm a president's nomination of a vice president. Judicial review means that the Supreme Court can nullify a congressional law. It is a huge check by the courts on the legislative authority and limits congressional power substantially. In 1857, for example, the Supreme Court struck down provisions of a congressional act of 1820 in its
Dred Scott decision. At the same time, the Supreme Court can extend congressional power through its constitutional interpretations. The congressional inquiry into
St. Clair's Defeat of 1791 was the first congressional investigation of the executive branch. Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, and to inquire into the qualifications and performance of members and officials of the other branches. Committees may hold hearings, and, if necessary,
subpoena people to testify when investigating issues over which it has the power to legislate. Witnesses who refuse to testify may be cited for
contempt of Congress, and those who testify falsely may be charged with
perjury. Most committee hearings are open to the public (the
House and
Senate intelligence committees are the exception); important hearings are widely reported in the mass media and transcripts published a few months afterwards. Indeed, it publishes House and Senate reports and maintains databases which are updated irregularly with publications in a variety of electronic formats. Congress also plays a role in presidential elections. Both Houses meet in joint session on the sixth day of January following a presidential election to count the electoral votes, and there are procedures to follow if no candidate wins a majority. The main result of congressional activity is the creation of laws,{{cite news |title= Tying It All Together: Learn about the Legislative Process |publisher= United States House of Representatives |url= http://www.house.gov/house/Tying_it_all.shtml ==Structure==