- Published: September 19, 2022
- Updated: September 19, 2022
- University / College: Carnegie Mellon University
- Language: English
- Downloads: 2
The American constitution grants the Congress the authority to make laws. A proposed law only becomes law after the approval of the senate and the House of Representatives. The creators of Congress ensured the body has more important powers than the Executive and the Supreme Court. Congress contains checks and balances to avoid the issue of absolute power on one branch and this led to the creation of the Senate and the House of Representatives (Haas, 2009). Congress has the empowerment of the constitution. Section 1 of the constitution state that all, “ legislative powers vest in the Congress of the United States and consist of Senate and House of Representatives.”
Power of Commerce
Article 1, Section 8 of the constitution stated that the Congress has the Power to collect exercise, duty, taxes, pay debts; regulate business transactions with foreign nations; to borrow money on behalf of the state; to establish uniform laws on the issue of Bankruptcies in the nation. Congress has the Power to regulate domestic and foreign currency. Congress has the Power to define Post Offices and post Roads. To promote the intellectual property of inventors, to structure the Tribunals, and define felonies committed by pirates on high Seas.
General Powers
Article1 of the constitution state the powers of Congress that include powers enumerated in Section 8. In essence, Congress has the power over financial and budget issues. The ratification of the Sixteenth Amendment in 1913 extends this power to include issues of taxes and power to make appropriation bills.
Implied Powers
Congress has implied powers such as the power to make necessary laws and to ensure execution of the powers vested in the constitution in the Federal Government of America (Haass, 2009). The extension of this power includes the regulation of commerce in the country.
Enumerated Powers
Congress has the power to impeach the President; to make rules for the government in regulation of the navy. The appointment of officers involved in curbing militia activities; power to exercise exclusive legislation towards the erection and design of forts and arsenals.
Congress is the arm of the government with a mandate to make and oversee the operation of the nation’s laws while the executive arm of the government has a mandate to enforce the laws. In frequent occasion, the President seeks to protect himself and officials from the congressional overreaching the doctrine of executive due to disclosure of documents. From the past, there has been a struggle between congress and the president (Martin, 2011). Both arms of the government had had different periods of great power and weakness since the emergence of the civil war when republicans had a majority and had the ability to discredit most vetoes of the president. It led to making of acts that display the president as subordinate to congress. The impeachment of Andrew Johnson is one instance to depict the conflict between the presidency and the congress. In the 20th century the Roosevelt’s exercise a large portion of the executive power since they wield enormous control (Martin, 2011). The impeachment of Johnson perceives the president as subordinate to the congress. Johnson attempted to restore power by vetoing many bills than other presidents due to congressional power. Similarly, Johnson suspended bureaucrats that were appointed using the patronage system to replace them with better individuals. It led to congress repealing the controversial Tenure of the Office Act passed by the Johnson administration.
I think the congress has the empowerment of the powers to realize a balance of powers in the government. Some presidents such as Nixon have wielded much power and have applied imperial system as a basis to expand their power. Nixon shielded himself from legislative oversight and failed to use the appropriated funds deliberated by the congress. In this century, power augmentation of the presidency enables separation of powers to avoid misuse of power.
References
Haass, R. (2009). Congressional power: Implications for American security policy: Introduction. The Adelphi Papers, 19(153), 1-2.
Martin, A. D. (2011). Congressional Decision Making and the Separation of Powers. American Political Science Review, 95(02), 5-24.