Congress holds many exclusive powers. As the physical representation in government of the people of the U.S., it is appropriate that the Legislative Branch should make the laws governing the people. They have the power to initiate any bills, provide general services for the public, establish post offices, build highways and pass patents and copyrights. Every ten years, they may authorize a census. In addition, Congress can overrule a state’s decision of the date, time and place to hold congressional elections. They also regulate the naturalization of foreigners. Fittingly, the Legislative system controls the U.S. currency, coining money and determining its value. They may establish a system of weights and measures, determine the value of foreign currencies in U.S. dollars, regulate trade with these countries and collect duties on foreign imports. A triumph to the colonial slogan, “No Taxation Without Representation,1” the representatives of the people are responsible for imposing taxes. Congress wears a military hat as well, possessing the power to declare war. Interestingly, congressional members may establish rules regarding captured enemy territory, raise, arm and train armies, provide a navy and call a state militia to action during times of unrest. These unique faculties grant the people of America significant say in their government.
Congress checks the Judicial Branch of the U.S. Government in several ways. Despite the fact that the president may choose federal judges and supreme justices, the House and Senate must approve of his selection. If they do not, the president is obliged to consider a different choice. They also have the ability to impeach and try the officers for “treason, bribery, or other high crimes and misdemeanors.”2 As a recent example, G. Thomas Porteous Jr., a U.S. district judge in the Eastern district of Louisiana, faced impeachment on March 11, 2010, charged with “accepting bribes and making false statements under penalty of perjury.”3 Found guilty at the
Senate trial, December 7-8, 2010, he was promptly removed from office and no longer permitted to hold any future positions. Another impeachment, in 1804, charged Samuel Chase, an Associate Justice of the U.S. Supreme Court, “of arbitrary and oppressive conduct of trials.”4 His trial extended from December 7, 1804 to March 1, 1805, when he was acquitted by the Senate. While the House of Representatives has the power to initiate an impeachment, the Senate acts as the court and maintains the sole authority to try the accused, whom they may either convict or acquit. Congress can also create lower courts as needed, and establish federal district judges. The Legislative Branch has the capability to exercise much authority over the Judicial system.
In order to prevent dictatorship, Congress also checks the Executive Branch. Their vote is required for any treaties the President desires to form. Additionally, they must approve of every high officer selection by the President. In the case of crime or some other similar offense, they have the faculty to impeach any of these higher officers, even the President himself! Though no president has ever been convicted of an impeachment, three came very close. President Andrew Johnson, accused of violating the Tenure of Office Act, faced impeachment from the House in February, 1868, but was acquitted by the Senate. In 1974, President Richard Nixon resigned before he could be impeached after the Watergate Scandal was uncovered. President William J. Clinton, accused of lying about his improper conduct with a subordinate government employee, Monica Lewinsky, was also acquitted by the Senate in 1998. The Legislative Branch may also determine the next president if the President, Vice President, and President Pro Tempore die or are unfit for office. Perhaps the most important check on the President and his Cabinet, the power to override a presidential veto grants Congress the final say in the laws of America. Even the President has many limitations to his power, which enables the people to maintain a stronger voice in their government.
Clearly, the Legislative Branch is the strongest of the U.S. Government. With its unique powers, Congress makes laws, establishes public services, regulates naturalization of foreigners, controls the U.S. currency, provides for an army and declares war. They create post offices and build highways, pass copyrights and can authorize a census of the American people every ten years. Determined to uphold an impartial court system, the representatives of the people must approve the selection of any federal judges. They also have the power to impeach any of these individuals, should they prove unworthy of office. Because the founding fathers feared dictatorship, the Legislative Branch maintains a portion of authority over the President and his cabinet. Their vote is required for any treaties and officer selections; the legislative body can also impeach anyone, including the president, who violates his or her terms of office. Most importantly, Congress can override an executive veto, which illustrates that the people have the final say, despite the president’s wishes. With their exclusive powers, their checks on the Judicial Branch and their checks on the Executive Branch, the United States Congress represents the powerful people of America.
Works Cited
Armitage, Susan H., Mari Jo Buhle, Daniel Czitrom, John M. Faragher. Out of Many: A History of the American People, 5th AP Edition. New Jersey: Pearson, Prentice Hall, 2007. Pages 175-176.
Aten, Jerry. Our Living Constitution Then and Now, Second Edition. North Carolina: Good Apple, an imprint of Carson-Dellosa Publishing LLC, 2002. Pages 28-56, 71.
“The United States Constitution.”
“List of Individuals Impeached by the House of Representatives.” history.house.gov/Institution/
Impeachment-List/ History, Art and Archives: United States House of Representatives.
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