Cecily Zamora
The legislative process in the United States is a foundational aspect of its representative system, with Congress being the only government body that can make new laws or change existing ones. Article I of the U.S. Constitution establishes the Legislative Branch, outlining the powers of Congress and the areas in which it may legislate. This includes the establishment of an annual budget, levying taxes and tariffs, and funding essential government services. Congress also holds the sole power to declare war, confirm presidential nominations, and ratify treaties. The legislative process involves both the House of Representatives and the Senate, with each body having distinct roles and procedures for passing legislation. The House initiates tax and revenue-related laws, while the Senate drafts laws related to treaties and presidential nominations. The bicameral system ensures that a proposal cannot become a law without the approval of both Houses, protecting the interests of the minority. The President also plays a crucial role in the legislative process, with the power to approve or veto bills. However, Congress can override a presidential veto with a two-thirds vote in both chambers.
| Characteristics | Values |
|---|---|
| Legislative powers | Congress is the only part of the US government that can make new laws or change existing laws |
| Annual budget | Congress establishes an annual budget for the government, levies taxes and tariffs, and may authorize borrowing |
| Spending | Congress can mandate spending on specific items, e.g., legislatively directed spending or "earmarks" |
| Investigative powers | Congress has extensive investigative powers, including the ability to compel the production of evidence or testimony |
| Presidential elections | Congress plays a role in presidential elections, with both Houses meeting in joint session to count electoral votes |
| Impeachments | The House of Representatives presents impeachment charges, and the Senate sits as a court to try the impeachment |
| Treaties | The Senate ratifies treaties by a two-thirds supermajority vote, with the President ratifying upon the Senate's authorization |
| Presidential nominations | The Senate confirms presidential nominations by a majority vote |
| War | Congress holds the sole power to declare war |
| Vice-President | In the case of a vacancy, a vote in each House is required to confirm the President's nomination for Vice-President |
| Tax and revenue-related legislation | Only the House can initiate tax and revenue-related legislation |
| Pocket veto | If Congress adjourns before 10 days and the President takes no action, the bill dies and cannot be overridden |
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Declaring war
The US Constitution's Article I, Section 8, Clause 11, also known as the Declare War Clause, grants Congress the power to declare war. This power gives Congress the authority to initiate hostilities and is an exclusive power that cannot be exercised by the President alone. While the President can direct the military as Commander-in-Chief after a Congressional declaration of war, the cooperation of Congress is required for funding and declaring the operation.
The Declare War Clause states that "Congress shall have the power to...declare war," but it does not specify the format that such legislation must take. A formal declaration of war is typically issued by a national government to indicate that a state of war exists between that nation and another. Historically, the United States has formally declared war against foreign nations in five separate wars, issuing declarations against ten different countries, including Germany during World War I and World War II.
The interpretation of the Declare War Clause has been a subject of debate, particularly in the context of presidential authority. While Congress has not declared war since 1942, presidents have engaged in military operations without explicit Congressional consent, such as the Korean War, the Vietnam War, and the wars in Afghanistan and Iraq in the early 2000s. These operations are not considered official wars by the United States due to the lack of a formal declaration of war by Congress.
The War Powers Resolution, passed in 1973, was an attempt to rein in some of the president's claimed powers. It requires the President to communicate to Congress within 48 hours of committing troops and to withdraw them after 60 days unless Congress grants an extension. Additionally, after the September 11 terrorist attacks, Congress passed the Authorization for Use of Military Force against Terrorists (AUMF), granting the President the necessary uses of force against those associated with the attacks.
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Impeachments
Impeachment is a process that originated in England and was later adopted by the framers of the US Constitution. It is a fundamental component of the system of "checks and balances". Through the impeachment process, Congress can charge and try an official of the federal government for "Treason, Bribery, or other high Crimes and Misdemeanors". The definition of "high Crimes and Misdemeanors" is not specified in the Constitution and has long been a subject of debate.
The House of Representatives has the sole power to impeach federal officials, presenting the charges in a function similar to that of a grand jury. The Senate then sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called "managers", acts as prosecutors before the Senate. In the case of presidential impeachment trials, the chief justice of the United States presides.
For an impeachment trial to be successful, it requires a two-thirds vote of the Senate to convict. The penalty for an impeached official upon conviction is removal from office, and in some cases, disqualification from holding public offices in the future. Federal judges, presidents, cabinet secretaries, and senators are among those who have been impeached and removed from office.
The impeachment process is remedial rather than punitive, meaning that a party may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. The president of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons.
An impeachment resolution may first pass through a House committee before the full House votes on it. The House Committee on the Judiciary, by majority vote, determines whether grounds for impeachment exist. The House debates the resolution and may consider the resolution as a whole or vote on each article of impeachment individually.
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Presidential elections
The Elections Clause is the primary source of constitutional authority to regulate elections for the US House of Representatives and the US Senate. The Clause empowers states to determine the "Times, Places, and Manner" of congressional elections, subject to Congress's authority to "make or alter" state regulations. While states are primarily responsible for regulating congressional elections, the Elections Clause vests ultimate power in Congress. Congress may pass federal laws regulating congressional elections that automatically override any conflicting state statutes, or enact its own regulations concerning aspects of elections that states may not have addressed.
Congress has exercised its power to "make or alter" rules concerning congressional elections, with some of its laws forming the basis of the modern electoral process. For example, Congress has established a single national Election Day for congressional elections and mandated that states with multiple Representatives in the US House divide themselves into congressional districts, rather than electing all their Representatives at-large. Congress has also enacted statutes limiting the amount of money people may contribute to congressional candidates, requiring public disclosure of most election-related spending, mandating that voter registration forms be made available at various public offices, and requiring states to ensure the accuracy of their voter registration rolls.
The Supreme Court has interpreted the term "Legislature" broadly to include any entity or procedure that a state's constitution permits to exercise lawmaking power. This means that laws regulating congressional elections can be enacted by a state's actual legislature or directly by its voters through initiatives or referendums, in states that allow such procedures. The Court has also held that a legislature may delegate its authority under the Elections Clause to other entities or officials. Some states have chosen to transfer power to draw congressional district lines from their legislatures to independent redistricting commissions to prevent gerrymandering.
In the context of presidential elections, Congress plays a specific role under the Constitution and by statute. After a presidential election, both Houses of Congress meet in a joint session on the sixth day of January, unless another day is appointed by law, to count the electoral votes. If no candidate receives a majority of the total electoral votes, the House of Representatives, with each state delegation having one vote, chooses the President from the three candidates with the largest number of electoral votes.
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Tax and revenue legislation
Congress has the power to make laws concerning tax and revenue legislation. The US Constitution states that all legislation concerning taxes must "originate" in the House of Representatives. The House Committee on Ways and Means holds hearings to understand the impact of the proposed legislation on the economy and specific interest groups. Once the hearings are concluded, the committee members revise the proposal and turn it into a draft law.
The draft tax legislation is then introduced to the full House of Representatives for consideration. If passed by a simple majority, the bill moves to the Senate. The Senate Finance Committee reviews the bill and may rewrite the proposal before presenting it to the full Senate. Following the Senate's approval, the bill is sent to a joint committee of House and Senate members who work to create a compromise version. This version is sent back to the House and Senate for approval.
Citizens can influence tax laws through the informal tax legislation process. They can contact members of Congress and elected officials, attend local meetings, participate in lobbying efforts, circulate and sign petitions, and vote for specific candidates. Citizens can collectively influence the outcome of formal tax legislation by expressing their views to legislators.
The process of passing federal tax laws involves recommendations from the president, the Treasury Department, the IRS, and individuals in business or professional fields. The Treasury Department often takes the lead in drafting proposed legislation. For example, during his presidential campaign, Joe Biden proposed changes to income taxes, capital gains taxes, payroll taxes, and estate and gift tax laws.
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Treaties
The Treaty Clause in Article II of the Constitution grants the President the power to make treaties with the advice and consent of the Senate, provided that two-thirds of the Senators present concur. The Senate's role is limited to approving or disapproving a treaty, and it does not ratify treaties. If a treaty is approved by the Senate, it is then ratified through an exchange of instruments between the US and the foreign power(s).
The Supreme Court has clarified that treaties do not automatically become domestic law unless they are explicitly "self-executing" or implemented by an act of Congress. This was established in the Medellin v. Texas case in 2008, which also limited the President's ability to unilaterally enforce international agreements without Congressional delegation.
Congress plays a significant role in the adoption of international treaties. It can modify or repeal treaties based on its determination of the national interest, and it has the power to enact legislation to implement treaty provisions. This was affirmed in the 1920 Missouri v. Holland case, where the Supreme Court considered a constitutional challenge to a federal statute implementing a treaty.
While treaties are considered irrevocable, alternatives to formal treaties are common in US history. These include congressional-executive agreements and executive agreements, which do not require Congressional approval and have become more prevalent since World War II.
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Frequently asked questions
Congress is one of the three branches of the US government, and it is the only branch that makes new laws or changes existing ones. The House of Representatives and the Senate initiate the law-making process by proposing a bill. Once a bill is passed by both Houses, it is sent to the President, who can approve it, veto it, or do nothing. If the President does nothing for 10 days, the bill becomes law. If the President vetoes the bill, Congress can override the veto with a two-thirds vote in both Houses.
Congress has the power to declare war, raise and support armies, establish an annual budget, levy taxes, borrow money, confirm the Vice President, and ratify treaties. It also has investigative powers and can compel the production of evidence or testimony.
While both are equal in their function, there are some procedural differences. Only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to treaties and presidential nominations. The House uses a majority vote, while the Senate deliberates and debates before voting.
A pocket veto occurs when Congress is still in session, and the President does not sign a bill, but also does not veto it within 10 days. In this case, the bill is vetoed by default, and Congress cannot override it. If Congress still wants to pass the bill, they must start the entire process again.
