Cameron Miranda
The United States Congress is made up of the House of Representatives and the Senate, and it is the only part of the government that can make new laws or change existing ones. Congress has the power to pass laws on a broad range of topics, from taxation and revenue to war and international treaties. However, there are certain limitations on Congress's law-making powers outlined in Article I, Section IX of the Constitution. Here are three examples of laws that Congress cannot pass:
| Characteristics | Values |
|---|---|
| Legislative process | A bill is proposed, assigned to a committee, researched, discussed, and voted on. If it passes one body of Congress, it goes through the same process in the other body. If it passes both, it is presented to the President. |
| Powers | Congress has the sole authority to enact legislation, declare war, confirm or reject Presidential appointments, and conduct oversight and investigations. |
| Limitations | Congress cannot prohibit the migration or importation of persons before 1808, suspend the writ of habeas corpus except in cases of rebellion or invasion, pass bills of attainder or ex post facto laws, or lay direct taxes without a census. |
| Procedural differences | The House initiates tax and revenue-related legislation, while the Senate drafts legislation on Presidential nominations and treaties. The House uses a majority vote, while the Senate deliberates and debates before voting. |
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What You'll Learn
The process of passing a law
Once a bill is introduced, it is assigned to a committee. The committees are an important phase of the legislative process, as they provide intensive consideration of the proposed bill and serve as a forum for public input. There are standing committees in both the House and the Senate, as well as joint committees of the two Houses. The bill is then researched, discussed, and changes are made to it by the committee members. Amendments may be offered during debates, and each amendment must be inserted into the proper place in the bill with exact spelling and punctuation.
After the committee phase, the bill is put before the chamber to be voted on. If it passes one body of Congress, it moves to the other body, where it undergoes a similar process of research, discussion, changes, and voting. Once both bodies approve the bill, they must reconcile any differences between their versions. Then, both chambers vote on the same version of the bill.
If the bill passes both chambers, it is presented to the President for consideration. The President can approve the bill and sign it into law, or they can veto it. If the President chooses to veto, Congress can, in most cases, vote to override the veto, and the bill becomes a law. However, if the President does not sign off on the bill and Congress is no longer in session, the bill is vetoed by default, which is called a "pocket veto," and it cannot be overridden.
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Congressional checks and balances
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This system of checks and balances ensures that no individual or group gains too much power.
The legislative branch, consisting of Congress (the Senate and the House of Representatives), is responsible for making laws. Any member of Congress can introduce a bill, which is a proposal for a new law or a change to an existing one. Bills can also be petitioned by citizens or citizen groups. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes to it. The bill then goes through a process of voting in both chambers of Congress. If it passes, it is presented to the President for approval.
The executive branch, led by the President, can choose to veto this legislation, in which case the bill is sent back to Congress. Congress can then vote to override the veto, and if successful, the bill becomes law. However, if the President does not sign off on the bill, and Congress is no longer in session, the bill is vetoed by default, known as a "pocket veto", which cannot be overridden.
The judicial branch, consisting of the Supreme Court, can declare laws passed by Congress or acts of the President as unconstitutional, thereby removing them. The President, with the advice and consent of the Senate, appoints federal judges, including Supreme Court justices, who then have the power to overturn laws.
The people of the United States also have checks and balances on the federal government. They can bar an amendment to the Constitution by Congress if 3/4 of the states refuse to ratify it. Additionally, they have the power to vote for their Representatives every two years and Senators every six years, thereby influencing the composition of the Judicial branch.
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Presidential action on legislation
Congressional Approval: After the committee stage, the bill is voted on by each chamber of Congress. If the bill passes both chambers, they must reconcile any differences between their versions. Once both chambers approve the same version, it is then presented to the President.
Presidential Action: The President has several options when a bill reaches their desk. They can choose to sign the bill, in which case it becomes law. Alternatively, they can veto the bill, returning it to Congress with their objections. If the President takes no action on the bill for ten days (excluding Sundays), it can become law without their signature, unless Congress has adjourned, resulting in a pocket veto.
Override of Veto: If the President vetoes a bill, Congress has the power to override that veto. Each chamber can vote to override the veto, and if two-thirds of both chambers agree, the bill becomes law without the President's signature.
It is important to note that the President also plays a role in proposing legislation. Members of the President's Cabinet or the President themselves can transmit a draft of a proposed bill to the Speaker of the House of Representatives and the President of the Senate. This process is known as "executive communication" and has become a significant source of legislative proposals.
In summary, presidential action on legislation involves the President's consideration of bills passed by Congress. The President can approve a bill by signing it into law or reject it through a veto. Congress, however, has the power to override a presidential veto, demonstrating the system of checks and balances inherent in the legislative process.
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Powers of the Legislative Branch
The Legislative Branch of the US government, also known as the United States Congress, consists of the House of Representatives and the Senate. The Constitution grants Congress the power to enact legislation and declare war, confirm or reject Presidential appointments, and investigate government operations.
Congress is the only branch of government that can make new laws or change existing ones. A bill can be proposed by a sitting member of the Senate or House of Representatives, during an election campaign, or by petition from citizens or groups. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to the bill. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies have voted to accept a bill, they must work out any differences between the two versions, and both chambers vote on the same text. If it passes, it is presented to the President.
The President may sign the bill into law, or they may veto it. If the President does not sign off on a bill, and Congress is no longer in session, the bill will be vetoed by default, known as a 'pocket veto'. However, if Congress is still in session, and the President does not act within 10 days, the bill becomes law. If the President vetoes a bill, Congress may override the veto with a two-thirds majority in both the Senate and the House of Representatives.
Congress also has powers to oversee the Executive Branch, including the President's implementation of laws and making of regulations. This is done through hearings, with the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs devoted to overseeing and reforming government operations. Congress also has investigative powers through the Government Accountability Office (GAO), which audits and generates reports on government operations.
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Congressional oversight
Additionally, Congress has the authority to pass laws that overrule agency decisions, narrow agency jurisdiction, or restrict funding. For example, in the 1980s, Congress narrowed the regulatory discretion of the US Environmental Protection Agency using detailed criteria to limit rulemaking. Congressional oversight also extends to the impeachment and removal process, providing a tool to investigate and address alleged executive and judicial misconduct.
While congressional oversight is crucial, some scholars question its effectiveness in ensuring bureaucratic performance and compliance with the law. Establishing new offices to enhance oversight, such as a Congressional Office of Legal Counsel, may improve oversight functions but could also lead to increased costs and duplication of services.
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