Congress' Lawmaking Power Over Foreigners Explained

The United States Congress has the power to pass laws regarding foreigners, also referred to as aliens under governing statutes and case law. This power is derived from the US Constitution, which states that Congress has the authority to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers. Supreme Court precedent, including the case of Kleindienst v. Mandel (1972), recognises Congress's plenary power over immigration, giving it almost complete authority to decide whether foreign nationals may enter or remain in the country. This power is derived from the accepted principle of international law that every sovereign nation has the right to forbid the entrance of foreigners within its borders. Once a bill is introduced in Congress, it is assigned to a committee, researched, discussed, and amended before being put to a vote. If the bill passes both chambers of Congress, it is presented to the president. If the president vetoes the bill, Congress can vote to override the veto and pass the bill into law.

Congress has the power to regulate immigration

The United States Congress has long been recognized as having "plenary power" over immigration, giving it almost complete authority to decide whether foreign nationals (or "aliens", as they are referred to in governing statutes and case law) may enter or remain in the United States. This power is derived from the Constitution, specifically Article I, Section 8, Clause 3, also known as the Commerce Clause, which provides Congress with the authority "to regulate Commerce with foreign Nations, and among the several States."

The Supreme Court has interpreted this power to apply most strongly to the admission and exclusion of nonresident aliens abroad seeking to enter the country. For example, in the case of Ping v. United States (1889), the Court upheld a law that excluded Chinese laborers from entering the United States. The Court has also upheld laws excluding aliens from entry on the basis of ethnicity, gender, legitimacy, and political belief.

In addition to the Commerce Clause, the Supreme Court has also cited other constitutional provisions as sources of Congress's power to regulate immigration, including the power to establish a uniform rule of naturalization, the power to declare war, and the power to provide for the national defense.

While Congress has broad authority over immigration, it is not absolute. The Supreme Court has held that Congress's power is limited when directed at aliens already physically present within the United States. Additionally, some scholars have argued that Congress's plenary power over immigration is susceptible to abuse and may infringe on fundamental human rights.

Bills can be proposed by citizens who recommend a new law to Congress

Congress is the lawmaking branch of the federal government and has the power to pass laws regarding foreigners. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be proposed by citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them. This is done by petitioning a member of Congress with the proposal. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee staff then writes a committee report describing the purpose, scope, and reasons for the bill. All changes to existing laws must be indicated in the report, and the text of any laws being repealed must be included. This is known as the 'Ramseyer' rule in the House of Representatives and the 'Cordon' rule in the Senate.

After the committee report is complete, the bill is put before the chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. If the bill passes both houses of Congress, it goes to the President, who may choose to veto it. In most cases, Congress can vote to override a presidential veto, and the bill becomes a law. However, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, which is called a pocket veto and cannot be overridden by Congress.

It is important to note that the President also has some influence on the legislative process. While there is no constitutional or statutory requirement that a bill be introduced to effectuate the President's recommendations, executive communications in the form of messages or letters from the President or members of their Cabinet can transmit a draft of a proposed bill to the Speaker of the House of Representatives and the President of the Senate. These communications are then referred to the relevant standing committee for consideration. The most important of these executive communications is the annual message from the President transmitting the proposed budget to Congress, which forms the basis of several appropriation bills drafted by the House and Senate Appropriations Committees.

Congress can override a presidential veto

The United States Constitution grants Congress the power to make laws regarding foreigners. The Supreme Court has generally assigned the constitutional power to regulate immigration to Congress, with executive authority derived from congressional delegations of authority. Long-standing Supreme Court precedent recognizes Congress as having plenary power over immigration, giving it almost complete authority to decide whether foreign nationals may enter or remain in the United States.

Now, regarding the veto power, the Constitution's framers gave the President the power to veto acts of Congress to prevent the legislative branch from becoming too powerful. This is a demonstration of the separation of powers integral to the U.S. Constitution. By dividing governmental powers into three branches and establishing a system of "checks and balances," the framers aimed to prevent power abuse. The veto allows the President to "check" the legislature by reviewing and blocking measures passed by Congress that he deems unconstitutional, unjust, or unwise.

Congress, however, has the power to override a presidential veto, which serves as a "balance" between the legislative and executive branches in the lawmaking process. If Congress approves a bill and sends it to the President, and Congress then adjourns before ten days have passed, the President cannot return the bill to the originating chamber after adjournment. This is known as a pocket veto, and in such cases, Congress cannot override the veto. Instead, they must reintroduce the bill and pass it again.

In all other cases, if the President does not approve of a bill, he must return it to the House in which it originated, along with his objections. The House will then reconsider the bill, and if two-thirds of that House still agree to pass it, it will be sent to the other House for reconsideration. If two-thirds of the other House also approves, the bill becomes a law, despite the President's objections. This process demonstrates the "checks and balances" system in action, where Congress can override the President's veto if they have sufficient support for the bill.

The House of Representatives initiates tax and revenue-related legislation

Congress is the lawmaking branch of the US federal government. The US Constitution states that "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The House of Representatives initiates tax and revenue-related legislation. This is outlined in the US Constitution, which states that "All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."

This means that any legislation related to taxes or revenue must start in the House of Representatives. The House has the power to introduce and pass bills related to these topics, and these bills can then be sent to the Senate for further consideration. The Senate cannot initiate tax and revenue-related legislation but can propose amendments to the bills that come from the House.

The process of initiating legislation in the House of Representatives typically begins with a bill. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to it. The committee staff then writes a committee report describing the purpose, scope, and reasons for the bill's recommended approval. All changes to existing laws must be indicated in this report, and the text of any laws being repealed must be included.

After the committee report is completed, the bill is put before the House for a vote. If the bill passes in the House, it then goes to the Senate for a similar process of research, discussion, changes, and voting. Once both the House and the Senate have passed the bill, they must work together to reconcile any differences between their two versions. This involves negotiation and compromise to create a final version of the bill that both chambers can accept.

The House of Representatives plays a crucial role in initiating tax and revenue-related legislation. By starting the legislative process for these topics, the House sets the agenda and has a significant influence on the direction of policy-making. The Senate then has the opportunity to provide input and make amendments, ensuring that both chambers have a say in shaping the final legislation. This process highlights the collaborative nature of lawmaking in the US Congress and the checks and balances in place to ensure thorough consideration of proposed laws.

The Senate drafts legislation related to presidential nominations

The legislative process in the United States is bicameral, meaning that a proposal cannot become a law without the consideration and approval of both Houses of Congress. The House of Representatives and the Senate each have distinct roles in this process. While most laws originate in the House of Representatives, the Senate drafts legislation related to presidential nominations, which are then voted on by both bodies of Congress.

The Senate's role in confirming executive appointments, including cabinet nominations, has been a source of political conflict between presidents and senators. The Senate has the power to reject or withdraw nominations, and this has occurred on several notable occasions throughout history. For example, in 1833, opponents of President Andrew Jackson gained a Senate majority and rejected his choice for Secretary of the Treasury, Roger B. Taney. Similarly, in 1959, the Senate voted to reject President Dwight Eisenhower's nomination of Admiral Lewis Strauss as Secretary of Commerce by a close vote of 46 to 49.

The Senate's scrutiny of cabinet nominees has intensified in the late 20th and early 21st centuries, leading to increased scrutiny by Senate committees and, in some cases, the withdrawal of nominations before the formal voting process. The Senate's influence over these appointments can be traced back to the early 19th century, when the practice of senatorial courtesy was established, giving senators influence over filling federal jobs within their states.

While the Senate has significant power in the confirmation process, the Constitution is silent on the question of removing civil officers. Traditionally, executive branch appointments end with the departure of the president who made them, except for those independent agencies with fixed terms. However, in the post-Civil War era, Republicans in the Senate sought to curb President Andrew Johnson's power by making it illegal for him to remove cabinet officers without Senate approval, which ultimately led to his impeachment in 1868.

In summary, the Senate plays a crucial role in drafting legislation related to presidential nominations, and its confirmation process can significantly impact the executive branch's appointments. The dynamic between the Senate and the president has evolved over time, with periods of conflict and collaboration influencing the outcome of nominations.

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