Cameron Miranda
The United States Congress, comprising the Senate and the House of Representatives, is the federal government's law-making branch. Congress has the sole authority to enact legislation and declare war, and it plays a role in presidential elections and appointments. Congress can write laws on a range of topics, from establishing the government's annual budget to levying taxes and tariffs. It can also authorise borrowing if funds are insufficient. Both the Senate and the House have investigative powers and can initiate different types of legislation. However, the enactment of a law requires both chambers to agree on the same bill before presenting it to the President, who has the power to veto.
| Characteristics | Values |
|---|---|
| Legislative power | Vested in Congress |
| Lawmaking | Congress can make new laws or change existing laws |
| Annual budget | Congress establishes and levies taxes and tariffs to fund essential government services |
| Borrowing | Congress can authorize borrowing to fund the government |
| Spending | Congress can mandate spending on specific items |
| Investigative powers | Congress has substantial investigative powers and may compel the production of evidence or testimony |
| Declaring war | Congress has the sole authority to declare war |
| Confirming appointments | Congress confirms or rejects many Presidential appointments |
| Elections | Congress plays a role in presidential elections and in the confirmation of the Vice President |
| Treaties | The Senate confirms treaties |
| Tax and revenue-related legislation | Only the House can initiate tax and revenue-related legislation |
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What You'll Learn
Declaring war
The United States Constitution grants Congress the power to "declare war". This authority is explicitly stated in Article One, Section Eight of the Constitution, which outlines the powers of Congress. This “Declare War Clause” unquestionably empowers Congress to initiate hostilities and serves as a limit on the President's power to use military force without congressional approval.
Throughout US history, Congress has formally declared war on five separate occasions, issuing declarations against ten foreign nations. The first formal declaration occurred on June 18, 1812, when the United States declared war on the United Kingdom, citing impressment of American sailors and violations of US neutrality during the Napoleonic Wars. This conflict, known as the War of 1812, concluded with the Treaty of Ghent in 1814.
On May 13, 1846, Congress declared war on Mexico following territorial disputes and military clashes in Texas, resulting in the Mexican-American War and the Treaty of Guadalupe Hidalgo in 1848. During World War I, the US declared war on Germany on April 6, 1917, due to unrestricted submarine warfare and the Zimmermann Telegram, and later on Austria-Hungary, a German ally, on December 7, 1917.
The most formal war declarations by the US occurred during World War II. After the attack on Pearl Harbor on December 7, 1941, Congress declared war on Japan the next day, with near-unanimous approval. This prompted reciprocal declarations by Nazi Germany and Italy against the US, leading to Congress's declarations of war against both nations on December 11, 1941.
While Congress holds the sole authority to issue formal war declarations, there have been instances where Presidents have used military force without formal declarations or express consent from Congress. The extent of the President's authority in this regard remains a subject of debate. Nonetheless, most scholars agree that the President's use of force must fall within specific categories, such as explicit authorization by Congress or repelling sudden attacks.
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Confirming presidential appointments
Congress is the law-making branch of the federal government. 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 U.S. Senate or 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 that represents them.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that 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 president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law.
Congress also plays a role in confirming presidential appointments. After an election, the president or president-elect starts making decisions on critical Senate-confirmed appointments. The transition team's staff examines the information collected in the pre-election phase and conducts additional background reviews of those selected for consideration. The White House Office of Presidential Personnel vets a list of candidates, including suggestions provided by members of Congress and special interest groups. A chosen nominee must pass through a series of investigations by the Federal Bureau of Investigation, Internal Revenue Service, the Office of Government Ethics, and an ethics official from the agency to which the position is assigned. The nominee must also fill out the Public Financial Disclosure Report and questionnaires related to their background check.
The Senate's role in the process officially begins when it receives an official written nomination from the president. The nomination is then sent to the appropriate committee. Once reported out from the committee, the nomination may be called up for consideration and vote by the full Senate. Generally, nominees can expect serious scrutiny from the Senate, but most are eventually confirmed. Nominees must prepare for their confirmation hearing by familiarizing themselves with the confirmation process and seeking guidance from the staff member or volunteer assigned to assist them.
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Tax and revenue-related legislation
Congress has the power to write laws about a variety of topics, including tax and revenue-related legislation. This is a power specifically reserved for the House of Representatives, which represents individual citizens rather than entire states.
The process of formal tax legislation is how a proposed tax rule or tax change may become law in the United States. It follows specific steps as outlined by the U.S. Constitution. Like all federal laws, tax and revenue-related legislation requires the consent of both houses of Congress (the Senate and the House of Representatives) and presidential approval.
The process begins with the introduction of a tax bill in the House of Representatives, where it is referred to the Ways and Means Committee. This committee researches, discusses, and makes changes to the bill. Once the committee members reach an agreement, the proposed tax law is written. 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.
After the bill has been approved by both houses of Congress, a joint committee of House and Senate members works to create a compromise version. This compromise version is sent back to the House and Senate for approval. Once Congress passes the final bill, it is sent to the President for signature or veto. If the President signs the bill, responsible agencies such as the Treasury Department and Internal Revenue Service (IRS) must take action to carry out the new law.
Citizens can influence tax laws through an informal tax legislation process. This includes contacting members of Congress and elected officials, attending local meetings, participating in lobbying efforts, circulating and signing petitions, and voting for specific candidates. These actions allow citizens to make their views known to legislators and influence the outcome of the formal tax legislation process.
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Ratifying treaties
Congress plays a significant role in the adoption of international treaties, which is enumerated in Article 2, Section 2 of the US Constitution. This states that the president "shall have power, by and with the advice and consent of the Senate to make treaties, provided two-thirds of the Senators present concur." Treaties cover a wide range of topics and can have a significant influence on a country's history. For example, the Louisiana Purchase was made through a treaty, and the Treaty of Ghent ended the War of 1812.
The process of ratifying treaties begins with the executive branch negotiating a treaty. Once this has been negotiated, a resolution of ratification is sent to the Senate Foreign Relations Committee. If approved, it moves to the Senate for debate. During this debate, RUDs (reservations, understandings, and declarations) can be proposed and, if passed, become attached to the resolution. These RUDs clarify how the agreement will work in practice and might acknowledge the need for further legislation, such as providing funding for enforcement.
For a treaty to be ratified, two-thirds of senators must vote in support, giving treaties a high bar for passage. If the resolution passes, it goes back to the executive branch for ratification between the US and the foreign entity. Once ratified, the treaty becomes part of domestic law and takes precedence over state law, meaning that each state must abide by the treaty rules even if they object.
Some examples of treaties pending in the Senate include the Vienna Convention on the Law of Treaties, the International Covenant on Economic, Social and Cultural Rights, and the American Convention on Human Rights.
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Borrowing and spending
Congress is the law-making branch of the federal government in the United States. 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 U.S. Senate or 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.
Congress has the power to borrow and spend money for the general welfare of the United States. This power is granted by Article I, Section 8, Clause 1 of the U.S. Constitution, known as the "taxing and spending clause", and Clause 2, known as the "borrowing clause".
Through its spending power, Congress can create programs and offer federal funds to states, with conditions attached to encourage states to pass certain regulations to advance federal policies. Congress has used its spending power to create programs such as Social Security and Medicaid, and to pursue broad policy objectives.
The borrowing clause empowers Congress to borrow money on the credit of the United States. When Congress borrows money, it creates a binding obligation to pay the debt as stipulated and cannot vary the terms of its agreement.
It is important to note that Congress faces fewer constitutional limitations when using its spending power compared to when it relies on its direct authority to create regulations. However, the Tenth Amendment generally allows state governments to enact regulations and laws without federal government interference.
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Frequently asked questions
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 U.S. Senate or House of Representatives or be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that 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.
Congress is the lawmaking branch of the federal government. It consists of the House of Representatives and the Senate, which together form the United States Congress. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws.
The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. Congress can also mandate spending on specific items, a practice commonly known as "earmarks".
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other territories of the United States. The House must consent to the ratification of trade agreements and the confirmation of the Vice President. Only the House can initiate tax and revenue-related legislation.
The U.S. Senate consists of 100 members, with each state represented by two senators. Senators are elected for six-year terms, and every two years, one-third of the Senate is up for re-election. The Senate maintains several powers, including the ratification of treaties by a two-thirds supermajority vote and confirmation of Presidential appointments by a majority vote. Only the Senate can draft legislation related to presidential nominations and treaties.
