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05 January 2008

U.S. Constitution Grants Congress Its Powers

National legislature composed of Senate, House of Representatives

The following material is an excerpt from the September 2000 IIP publication Outline of the U.S. Government.

Article I of the Constitution grants all legislative powers of the federal government to a Congress divided into two chambers, a Senate and a House of Representatives.

The Senate is composed of two members from each state as called for by the Constitution. Its current membership is 100. Membership in the House is based on each state's population, and its size is therefore not specified in the Constitution. In 1929, Congress passed a law setting House membership at 435, the number of representatives at the time.

For more than 100 years after the adoption of the Constitution, senators were not elected by direct vote of the people but chosen by state legislatures and looked on as representatives of their home states. Their duty was to ensure that their states were treated equitably in all legislation. The 17th Amendment, adopted in 1913, provided for direct election of senators.

The delegates to the Constitutional Convention reasoned that if two separate groups -- one representing state governments and one representing the people -- both must approve every proposed law, there would be little danger of Congress passing laws hurriedly or carelessly. One house always could check the other in the manner of the British Parliament. Passage of the 17th Amendment did not substantially alter this balance of power between the two houses.

WHAT ARE THESE POWERS?

The broad powers of the Congress are spelled out in Article I of the Constitution:

• To levy and collect taxes;
• To borrow money for the public treasury;
• To make rules and regulations governing commerce among the states and with foreign countries;
• To make uniform rules for the naturalization of foreign citizens;
• To coin money, state its value and provide for the punishment of counterfeiters;
• To set the standards for weights and measures;
• To establish bankruptcy laws for the country as a whole;
• To establish post offices and post roads;
• To issue patents and copyrights;
• To set up a system of federal courts;
• To punish piracy;
• To declare war;
• To raise and support armies;
• To provide for a navy;
• To call out the militia to enforce federal laws, suppress lawlessness or repel invasions;
• To make all laws for the seat of government (Washington, D.C.);
• To make all laws necessary to enforce the Constitution.

LIMITS ON CONGRESSIONAL AUTHORITY

A few of these powers now are outdated, but they remain in effect. The 10th Amendment sets definite limits on congressional authority, by providing that powers not delegated to the national government are reserved to the states or to the people. In addition, the Constitution specifically forbids certain acts by Congress. It may not:

• Suspend the writ of habeas corpus -- a requirement that those accused of crimes be brought before a judge or court before being imprisoned -- unless necessary in time of rebellion or invasion;
• Pass laws that condemn persons for crimes or unlawful acts without a trial;
• Pass any law that retroactively makes a specific act a crime;
• Levy direct taxes on citizens, except on the basis of a census already taken;
• Tax exports from any one state;
• Give favorable treatment in commerce or taxation to the seaports of any state or to the vessels using them;
• Authorize any titles of nobility.

SPECIFIC POWERS FOR EACH CHAMBER

Each house of Congress has the power to introduce legislation on any subject except raising revenue. Tax legislation must originate in the House of Representatives.

The large states thus may appear to have more influence over the public purse than the small states. In practice, however, each house can vote against legislation passed by the other house. The Senate may disapprove a House revenue bill -- or any bill, for that matter -- or add amendments that change its nature. In that event, a conference committee made up of members from both houses must work out a compromise acceptable to both sides before the bill can be sent to the president for signature or veto.

The Senate also has certain powers especially reserved to it, including the authority to confirm presidential appointments of high-ranking officials and ambassadors of the federal government, as well as authority to ratify all treaties by a two-thirds vote. In either instance, a negative vote in the Senate nullifies executive action.

CONGRESSIONAL POWERS OF INVESTIGATION

One of the most important nonlegislative functions of the Congress is the power to investigate. This power is usually delegated to committees -- either to the standing committees, to special committees set up for a specific purpose or to joint committees composed of members of both houses.

Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, to inquire into the qualifications and performance of members and officials of the other branches and, on rare occasions, to lay the groundwork for impeachment proceedings. Frequently, committees call on outside experts to assist in conducting investigative hearings and to make detailed studies of issues.

There are important corollaries to the investigative power. One is the power to publicize investigations and their results. Most committee hearings are open to the public and are covered widely in the mass media. Congressional investigations thus represent one important tool available to lawmakers to inform the citizenry and stimulate public interest in national issues.

Congressional committees also have the power to compel testimony from unwilling witnesses and to cite for contempt of Congress witnesses who refuse to testify and for perjury for those who give false testimony.

In the case of impeachment of federal officials, the House has the sole authority to bring charges of misconduct that can lead to an impeachment trial. The Senate has the sole power to try impeachment cases and to find officials guilty or not guilty. A finding of guilt results in the removal of the federal official from public office.