American Government 1. The Nature of Government a. The Purposes of Government b. Types of Government c. What Is a Democracy? d. Democratic Values — Liberty, Equality, Justice 2. Foundations of American Government a. The Colonial Experience b. Independence and the Articles of Confederation c. Creating the Constitution d. The Bill of Rights 3. Federalism a. The Founders and Federalism b. Tipping the Scales Toward National Power c. Federal-State Relations Today: Back to States’ Rights? 4. American Political Attitudes and Participation a. American Political Culture b. What Factors Shape Political Attitudes? c. Measuring Public Opinion d. Participating in Government e. Voting: A Forgotten Privilege? 5. How Do Citizens Connect With Their Government? a. Political Parties b. Campaigns and Elections c. Interest Groups d. The Media e. The Internet in Politics 6. Congress: The People’s Branch? a. The Powers of Congress b. Leadership in Congress: It’s a Party Matter c. The Importance of Committees d. Who Is in Congress? e. How a Bill Becomes a Law 7. The Presidency: The Leadership Branch? a. The Evolution of the Presidency b. All the President’s Men and Women c. Selection and Succession of the President d. The President’s Job e. Presidential Character 8. The Bureaucracy: The Real Government a. The Development of the Bureaucracy b. The Organization of the Bureaucracy c. Who Are the Bureaucrats? d. Reforming the Bureaucracy 9. The Judicial Branch a. The Creation of the Federal Courts b. The Structure of the Federal Courts c. The Supreme Court: What Does It Do? d. How Judges and Justices Are Chosen e. The Power of the Federal Courts 10. Civil Liberties and Civil Rights a. Rights and Responsibilities of Citizens b. First Amendment Rights c. Crime and Due Process d. Citizenship Rights 11. Policy Making: Political Interactions a. Foreign Policy: What Now? b. Defense Policy c. Economic Policy d. Social and Regulatory Policy 12. State and Local Governments a. State and Local Governments: Democracy at Work? b. Financing State and Local Government c. Who Pays for Education? 13. Comparative Political and Economic Systems a. Comparing Governments b. Comparing Economic Systems c. A Small, Small, World?
At its creation in 1789, the legislative branch was the most innovative.
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Rule by kings and emperors was an old style of government, and the legislature in many ways represented the new. Almost certainly, the founders intended Congress to have more important powers than the President and the Supreme Court. However, they placed many checks and balances on the legislature that have prevented absolute power in the hands of one branch. Founders controlled power not only by checks from the other branches, but by creating a bicameral, or two house, Congress — the Senate and the House of Representatives. The powers of Congress, then, are both constitutional and evolutionary.
Constitutional Powers
The Constitution specifically grants Congress its most important power — the authority to make laws. A bill, or proposed law, only becomes a law after both the House of Representatives and the Senate have approved it in the same form. The two houses share other powers, many of which are listed in Article I, Section 8. These include the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions.
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The Constitution also gives each house of Congress some special, exclusive powers. Such powers given to the House of Representatives include the following:
Revenue bills must originate in the House of Representatives. Although this power is still honored today, it tends to have blurred over the years. Often budget bills are considered simultaneously in both houses. For example, current discussions of possible tax cuts are taking place not only in both houses, but in the executive branch as well. Impeachment power, the authority to charge the President and other “civil officers” with wrongdoing, is given to the House. A simple majority vote can impeach an elected official.
Special, exclusive powers given to the Senate include the following:
Major presidential appointments must be confirmed by the Senate. The Senate offers “advice and consent” to the President by a majority vote on the appointments of federal judges, ambassadors, and Cabinet positions. Treaties with other nations entered into by the President must be approved by a two-thirds vote by the Senate. This provision is an illustration of checks and balances, and it has served as a very important restriction to foreign policy powers of the President. An impeachment trial occurs in the Senate. If the House votes to impeach an elected official, the accused party gets a hearing in the Senate. A two-thirds majority can convict the individual and remove him or her from office.
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Important Constitutional DifferencesBetween the House and the Senate
HouseSenate Initiates all revenue billsMust confirm many major presidential appointments Initiates impeachment procedures and passes articles of impeachmentTries impeachment officials Two-year termsSix-year terms (One-third up for reelection every two years) 435 members (apportioned by population)100 members (two from each state) Approves treaties
Evolutionary Powers
The “elastic,” or implied powers, clause gives Congress the authority to pass laws it deems “necessary and proper” to carry out its enumerated functions. Many Congressional powers that have evolved over the years are based on this important clause. Here are a couple.
Oversight of the budget. Congress reviews and restricts the annual budget prepared by the executive branch. When a law is passed setting up a government program, Congress must pass an authorization bill that states the maximum amount of money available. When the nation’s budget is set, only Congress can set the appropriations — the actual amount available in a fiscal year — for each program that it has authorized. Investigation. Congress may investigate both issues that warrant study and wrongdoings by public officials. Through committee hearings, Congress has examined issues such as crime, consumer safety, health care, and foreign trade. Although Congress must abide by protected individual rights, their committees have examined many allegations against elected officials. Famous recent investigations include the Whitewater and the Clinton-Lewinsky hearings.
The American Congress has more power than any legislature among the world’s modern democracies. The parliaments of Europe are often “arena” legislatures that provide a forum for debate on policies proposed by a powerful prime minister or president. Only the American democracy enables its legislature with the critical role of setting the lawmaking agenda.
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