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*{{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/20210114214433/https://www.latimes.com/opinion/la-oe-nelson11-2008oct11-story.html| url-status=live}}
*{{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/20210114214433/https://www.latimes.com/opinion/la-oe-nelson11-2008oct11-story.html| url-status=live}}
*{{cite news| author=Steve Holland| title=Obama revelling in U.S. power unseen in decades| agency=Reuters UK| date=May 1, 2009| url=http://uk.reuters.com/article/idUKTRE5406CF20090501| access-date=September 28, 2009| archive-date=January 3, 2011| archive-url=https://web.archive.org/web/20110103100212/http://uk.reuters.com/article/idUKTRE5406CF20090501| url-status=dead}}
*{{cite news| author=Steve Holland| title=Obama revelling in U.S. power unseen in decades| agency=Reuters UK| date=May 1, 2009| url=http://uk.reuters.com/article/idUKTRE5406CF20090501| access-date=September 28, 2009| archive-date=January 3, 2011| archive-url=https://web.archive.org/web/20110103100212/http://uk.reuters.com/article/idUKTRE5406CF20090501| url-status=dead}}
*{{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>
*{{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>


Congress can establish post offices and post roads, issue patents and [[copyright]]s, fix standards of weights and measures, establish [[Inferior courts of the United States|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 of the United States Constitution|Article Four]] gives Congress the power to admit new states into the Union.
Congress can establish post offices and post roads, issue patents and [[copyright]]s, fix standards of weights and measures, establish [[Inferior courts of the United States|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 of the United States Constitution|Article Four]] gives Congress the power to admit new states into the Union.
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The Constitution provides [[Separation of powers under the United States Constitution|checks and balances]] among the three branches of the federal government. Its authors expected the greater power to lie with Congress as described in Article One.<ref name=tws2010Sep11t14aa>{{cite book |author= Lee H. Hamilton |title= How Congress works and why you should care |publisher= Indiana University Press |year= 2004 |isbn= 0-253-34425-5 |url= https://books.google.com/books?id=bmFSp3b8J_oC&q=How+Congress+Works+and+Why+You+Should+Care |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214417/https://books.google.com/books?id=bmFSp3b8J_oC&q=How+Congress+Works+and+Why+You+Should+Care |url-status= live }}</ref><ref>"The very structure of the Constitution gives us profound insights about what the founders thought was important{{spaces}}... the Founders thought that the Legislative Branch was going to be the great branch of government." —Hon. [[John Charles Thomas (jurist)|John Charles Thomas]] [http://www.opm.gov/constitution_initiative/speech.asp] {{Webarchive|url=https://web.archive.org/web/20071014122957/http://opm.gov/constitution_initiative/speech.asp|date=October 14, 2007}}</ref>
The Constitution provides [[Separation of powers under the United States Constitution|checks and balances]] among the three branches of the federal government. Its authors expected the greater power to lie with Congress as described in Article One.<ref name=tws2010Sep11t14aa>{{cite book |author= Lee H. Hamilton |title= How Congress works and why you should care |publisher= Indiana University Press |year= 2004 |isbn= 0-253-34425-5 |url= https://books.google.com/books?id=bmFSp3b8J_oC&q=How+Congress+Works+and+Why+You+Should+Care |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214417/https://books.google.com/books?id=bmFSp3b8J_oC&q=How+Congress+Works+and+Why+You+Should+Care |url-status= live }}</ref><ref>"The very structure of the Constitution gives us profound insights about what the founders thought was important{{spaces}}... the Founders thought that the Legislative Branch was going to be the great branch of government." —Hon. [[John Charles Thomas (jurist)|John Charles Thomas]] [http://www.opm.gov/constitution_initiative/speech.asp] {{Webarchive|url=https://web.archive.org/web/20071014122957/http://opm.gov/constitution_initiative/speech.asp|date=October 14, 2007}}</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>
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>


The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to [[Federal impeachment in the United States|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 [[trial (law)|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 (law)|conviction]]. In 1974, [[Richard Nixon]] resigned from office after [[Impeachment process against Richard Nixon|impeachment proceedings]] in the [[House Judiciary Committee]] indicated his removal from office.
The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to [[Federal impeachment in the United States|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 [[trial (law)|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 (law)|conviction]]. In 1974, [[Richard Nixon]] resigned from office after [[Impeachment process against Richard Nixon|impeachment proceedings]] in the [[House Judiciary Committee]] indicated his removal from office.