Congress: Difference between revisions

  | leader4            = [[Mike Johnson]] ([[Republican Party (United States)|R]])

  | party5            = ([[Republican Party (United States)|R]])

* {{nowrap|{{Color box|{{party color|Democratic Party (US)}}|border=darkgray}} [[Democratic Party (United States)|Democratic]] (47)}}

* {{nowrap|{{Color box|{{party color|Democratic Party (US)}}|border=silver}} [[Democratic Party (United States)|Democratic]] (212)}}

The Congress was created by the [[U.S. Constitution]] and first met in 1789, replacing the [[Congress of the Confederation]] in its legislative function. Although not legally mandated, in practice since the 19th century, members of Congress are typically affiliated with one of the [[Two-party system|two major parties]], the [[Democratic Party (United States)|Democratic Party]] or the [[Republican Party (United States)|Republican Party]], and only rarely with a [[Third-party members of the United States House of Representatives|third party]] or [[Independent (politician)|independents]] affiliated with no party. In the case of the latter, the lack of affiliation with a political party does not mean that such members are unable to [[Caucuses of the United States Congress|caucus]] with members of the political parties. Members can also [[Party switching|switch parties]] at any time, although this is quite uncommon.

The [[American Civil War|Civil War]], which lasted from 1861 to 1865, which resolved the slavery issue and unified the nation under federal authority but weakened the power of [[states rights|states' rights]]. The [[Gilded Age]] (1877–1901) was marked by [[History of the United States Republican Party|Republican]] dominance of Congress. During this time, lobbying activity became more intense, particularly during the administration of President [[Ulysses S. Grant]] in which influential lobbies advocated for railroad subsidies and tariffs on wool.<ref>Margaret S. Thompson, ''The "Spider Web": Congress and Lobbying in the Age of Grant'' (1985)</ref> Immigration and high birth rates swelled the ranks of citizens and the nation grew at a rapid pace. The [[Progressive Era]] was characterized by strong party leadership in both houses of Congress and calls for reform; sometimes reformers said lobbyists corrupted politics.<ref>Elisabeth S. Clemens, ''The People's Lobby: Organizational Innovation and the Rise of Interest-Group Politics in the United States, 1890–1925'' (1997)</ref> The position of [[Speaker of the United States House of Representatives|Speaker of the House]] became extremely powerful under leaders such as [[Thomas Brackett Reed|Thomas Reed]] in 1890 and [[Joseph Gurney Cannon]].

*{{cite news| title=The Law: The President's War Powers| newspaper=Time| date=June 1, 1970| url=http://www.time.com/time/magazine/article/0,9171,878290,00.html| access-date=September 28, 2009| archive-date=August 22, 2013| archive-url=https://web.archive.org/web/20130822171512/http://www.time.com/time/magazine/article/0,9171,878290,00.html| url-status=dead}}</ref> 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]],<ref name=tws28sep07>{{cite news| title=The Law: The President's War Powers| newspaper=Time| date=June 1, 1970| url=http://www.time.com/time/magazine/article/0,9171,878290,00.html| access-date=September 28, 2009| archive-date=August 22, 2013| archive-url=https://web.archive.org/web/20130822171512/http://www.time.com/time/magazine/article/0,9171,878290,00.html| url-status=dead}}</ref> although President [[Theodore Roosevelt]]'s military move into Panama in 1903 did not get congressional approval.<ref name="tws28sep07"/> In the early days after the [[Korean War|North Korean invasion of 1950]], President [[Harry S. Truman|Truman]] described the American response as a "police action".<ref>{{cite web | url=http://teachingamericanhistory.org/library/index.asp?document=594 | title=The President's News Conference of June 29, 1950 | publisher=Teachingamericanhistory.org | date=June 29, 1950 | access-date=December 20, 2010 | archive-date=December 26, 2010 | archive-url=https://web.archive.org/web/20101226063925/http://teachingamericanhistory.org/library/index.asp?document=594 | url-status=dead }}</ref> According to ''[[Time (magazine)|Time]]'' magazine in 1970, "U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times."<ref name="tws28sep07"/> In 1993, [[Michael Kinsley]] wrote that "Congress's war power has become the most flagrantly disregarded provision in the Constitution," and that the "real erosion [of Congress's war power] began after World War{{spaces}}II."<ref name=tws28sep14>{{cite news| author=Michael Kinsley| title=The Case for a Big Power Swap| newspaper=Time| date=March 15, 1993| url=http://www.time.com/time/magazine/article/0,9171,977990,00.html| access-date=September 28, 2009| archive-date=August 13, 2013| archive-url=https://web.archive.org/web/20130813070158/http://www.time.com/time/magazine/article/0,9171,977990,00.html| url-status=dead}}</ref><ref name=tws28sep09>{{cite news| title=Time Essay: Where's Congress?| newspaper=Time| date=May 22, 1972| url=http://www.time.com/time/magazine/article/0,9171,879072-1,00.html| access-date=September 28, 2009| archive-date=May 21, 2013| archive-url=https://web.archive.org/web/20130521074302/http://www.time.com/time/magazine/article/0,9171,879072-1,00.html| url-status=dead}}</ref><ref name=tws2010Sep11uu>{{cite news | title= The Law: The President's War Powers | newspaper= Time | date= June 1, 1970 | url= http://www.time.com/time/magazine/article/0,9171,878290,00.html | access-date= September 11, 2010 | archive-date= August 22, 2013 | archive-url= https://web.archive.org/web/20130822171512/http://www.time.com/time/magazine/article/0,9171,878290,00.html | url-status= dead }}</ref> Disagreement about the extent of congressional versus presidential power regarding war has been present periodically throughout the nation's history.<ref name=tws2010Sep11t5>{{cite news | title= The proceedings of congress.; senate. | newspaper= The New York Times | date= June 28, 1862 | url= https://query.nytimes.com/gst/abstract.html?res=FA0C12FC345B1B7493CAAB178DD85F468684F9 | archive-url= https://wayback.archive-it.org/all/20171010131908/http://www.nytimes.com/1862/06/28/news/the-proceedings-of-congress-senate.html |url-status = dead| archive-date= October 10, 2017 | access-date= September 11, 2010 }}</ref>

One of Congress's foremost non-legislative functions is the power to [[Congressional investigation|investigate]] and oversee the executive branch.<ref name=tws2010Sep11t11>{{cite news | author= David S. Broder | title= Congress's Oversight Offensive | newspaper= The Washington Post | date= March 18, 2007 | url= https://www.washingtonpost.com/wp-dyn/content/article/2007/03/16/AR2007031601989.html | access-date= September 11, 2010 | archive-date= May 1, 2011 | archive-url= https://web.archive.org/web/20110501115602/http://www.washingtonpost.com/wp-dyn/content/article/2007/03/16/AR2007031601989.html | url-status= live }}</ref> [[Congressional oversight]] is usually delegated to [[United States congressional committee|committees]] and is facilitated by Congress's subpoena power.<ref name=tws2010Sep11t13>{{cite news | author= Thomas Ferraro | title= House committee subpoenas Rice on Iraq | work= Reuters | date= April 25, 2007 | url= https://www.reuters.com/article/idUSN2518728220070425 | access-date= September 11, 2010 | archive-date= January 14, 2021 | archive-url= https://web.archive.org/web/20210114214442/https://www.reuters.com/article/idUSN2518728220070425 | url-status= live }}</ref> Some critics have charged that Congress has in some instances failed to do an adequate job of [[Congressional oversight|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.<ref name=tws04oct10>{{cite news|author=James Gerstenzang |title=Bush claims executive privilege in Valerie Plame Wilson case |newspaper=Los Angeles Times |date=July 16, 2008 |url=http://latimesblogs.latimes.com/presidentbush/2008/07/cheney-plame-ag.html |access-date=October 4, 2009 |url-status = dead|archive-url=https://web.archive.org/web/20080801095524/http://latimesblogs.latimes.com/presidentbush/2008/07/cheney-plame-ag.html |archive-date=August 1, 2008 }}</ref> 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.<ref name=tws28sep10>{{cite news | author=Elizabeth B. Bazan and Jennifer K. Elsea, legislative attorneys | title=Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information | publisher=Congressional Research Service | date=January 5, 2006 | url=https://www.washingtonpost.com/wp-srv/nation/specials/angler/crsreview-2006.pdf | access-date=September 28, 2009 | archive-date=February 5, 2012 | archive-url=https://web.archive.org/web/20120205042154/http://www.washingtonpost.com/wp-srv/nation/specials/angler/crsreview-2006.pdf | url-status=live }}</ref> Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has the exclusive [[Federal impeachment in the United States|power of removal]], allowing impeachment and removal of the president, federal judges and other federal officers.<ref name=tws2010Sep11t12>{{cite news | author1= Linda P. Campbell | author2= Glen Elsasser | name-list-style= amp | title= Supreme Court Slugfests A Tradition | newspaper= Chicago Tribune | date= October 20, 1991 | url= https://www.chicagotribune.com/1991/10/20/supreme-court-slugfests-a-tradition/ | access-date= September 11, 2010 | archive-date= April 29, 2011 | archive-url= https://web.archive.org/web/20110429192843/http://articles.chicagotribune.com/1991-10-20/news/9104040635_1_senate-judiciary-committee-first-high-court-nominee-confirmation/2 | url-status= live }}</ref> 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.<ref name=tws28sep08>{{cite news | author=Eric Cantor | title=Obama's 32 Czars | newspaper=The Washington Post | date=July 30, 2009 | url=https://www.washingtonpost.com/wp-dyn/content/article/2009/07/29/AR2009072902624.html | access-date=September 28, 2009 | archive-date=August 31, 2010 | archive-url=https://web.archive.org/web/20100831202255/http://www.washingtonpost.com/wp-dyn/content/article/2009/07/29/AR2009072902624.html | url-status=live }}</ref> 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.<ref name=tws04oct01>{{cite news | author=Christopher Lee | title=Alito Once Made Case For Presidential Power | newspaper=The Washington Post | date=January 2, 2006 | url=https://www.washingtonpost.com/wp-dyn/content/article/2006/01/01/AR2006010100788.html | access-date=October 4, 2009 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214425/https://www.washingtonpost.com/wp-dyn/content/article/2006/01/01/AR2006010100788.html | url-status=live }}</ref> Past presidents, including [[Ronald Reagan]], [[George H. W. Bush]], [[Bill Clinton]], and [[George W. Bush]],<ref name=tws04oct02>{{cite news | author=Dan Froomkin | title=Playing by the Rules | newspaper=The Washington Post | date=March 10, 2009 | url=http://voices.washingtonpost.com/white-house-watch/bush-rollback/playing-by-the-rules.html | access-date=October 4, 2009 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214428/http://voices.washingtonpost.com/white-house-watch/bush-rollback/playing-by-the-rules.html | url-status=dead }}</ref> 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.<ref name=tws04oct08>{{cite news | author=Dana D. Nelson | title=The 'unitary executive' question | newspaper=Los Angeles Times | date=October 11, 2008 | url=https://latimes.com/news/opinion/la-oe-nelson11-2008oct11,0,224216.story | access-date=October 4, 2009 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214451/https://www.latimes.com/opinion/la-oe-nelson11-2008oct11-story.html | url-status=live }}</ref><ref name=tws04oct05>{{cite news | author=Charlie Savage | title=Obama Undercuts Whistle-Blowers, Senator Says | newspaper=The New York Times | date=March 16, 2009 | url=https://www.nytimes.com/2009/03/17/us/politics/17signing.html | access-date=October 4, 2009 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214415/https://www.nytimes.com/2009/03/17/us/politics/17signing.html | url-status=live }}</ref> There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress.<ref name=tws28sep13>{{cite news | author1=Binyamin Appelbaum | author2=David Cho | name-list-style=amp | title=U.S. Seeks Expanded Power to Seize Firms Goal Is to Limit Risk to Broader Economy | newspaper=The Washington Post | date=March 24, 2009 | url=https://www.washingtonpost.com/wp-dyn/content/article/2009/03/23/AR2009032302830.html | access-date=September 28, 2009 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214525/https://www.washingtonpost.com/wp-dyn/content/article/2009/03/23/AR2009032302830.html | url-status=live }}</ref> In 2008, [[George F. Will]] called the Capitol building a "tomb for the antiquated idea that the legislative branch matters".<ref name=tws28sep>{{cite news | author=George F. Will – op-ed columnist | title=Making Congress Moot | newspaper=The Washington Post | date=December 21, 2008 | url=https://www.washingtonpost.com/wp-dyn/content/article/2008/12/19/AR2008121902929.html | access-date=September 28, 2009 | archive-date=May 1, 2011 | archive-url=https://web.archive.org/web/20110501115643/http://www.washingtonpost.com/wp-dyn/content/article/2008/12/19/AR2008121902929.html | url-status=live }}</ref>

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. [[Impeachment of Andrew Johnson|The impeachment]] of [[Andrew Johnson]] made the presidency less powerful than Congress for a considerable period afterwards.<ref name="Sachs-NYT-1999-01-07">{{cite news |author= Susan Sachs |title= Impeachment: The Past; Johnson's Trial: 2 Bitter Months for a Still-Torn Nation |newspaper= The New York Times |date= January 7, 1999 |url= https://www.nytimes.com/1999/01/07/us/impeachment-the-past-johnson-s-trial-2-bitter-months-for-a-still-torn-nation.html |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214435/https://www.nytimes.com/1999/01/07/us/impeachment-the-past-johnson-s-trial-2-bitter-months-for-a-still-torn-nation.html |url-status= live }}</ref> 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]].<ref name="kingwh">{{cite news | first=Richard | last=Greene | title=Kings in the White House | date=January 19, 2005 | work=BBC News | url=http://news.bbc.co.uk/2/hi/americas/4181799.stm | access-date=October 7, 2007 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214403/http://news.bbc.co.uk/2/hi/americas/4181799.stm | url-status=live }}</ref> 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.<ref name=tws2010Sep11t14aa/><ref name="kingwh"/> Executive branch officials are often loath to reveal sensitive information to members of Congress because of concern that information could not be kept secret; in return, knowing they may be in the dark about executive branch activity, congressional officials are more likely to distrust their counterparts in executive agencies.<ref name=tws2010Sep11922jm14>{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress (Fourth Edition) |publisher=Cambridge University Press |pages=18–19 |year=2006 |isbn=9781139446990 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214403/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref> 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.<ref name=tws2010Sep11jhgv>{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress (Fourth Edition) |publisher=Cambridge University Press |page=19 |year=2006 |isbn=9781139446990 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214427/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref>

Congress has alternated between periods of constructive cooperation and compromise between parties, known as [[bipartisanship]], and periods of deep political [[Polarization (politics)|polarization]] and fierce infighting, known as [[partisanship]]. The period after the [[American Civil War|Civil War]] was marked by partisanship, as is the case today. It is generally easier for committees to reach accord on issues when compromise is possible. Some [[Political science|political scientists]] speculate that a prolonged period marked by narrow majorities in both chambers of Congress has intensified partisanship in the last few decades, but that an alternation of control of Congress between Democrats and Republicans may lead to greater flexibility in policies, as well as pragmatism and civility within the institution.<ref name=tws2010Sep11t14cc577>{{cite book |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress |publisher=Cambridge University Press |pages=17–18 |year=2006 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |isbn=9781139446990 |edition=Fourth |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214414/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref>