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Congress of the United States: Difference between revisions
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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. | ||
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 | 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> | ||
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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 | 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. | ||