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Powers of the United States Congress

Setting the rules and laying down the Law


United States Capitol Building, Washington, DC
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So what are all those senators and representatives doing on Capitol Hill, anyway? The Congress has specific powers spelled out in the Constitution, none more important than its duty to make laws.

Article I of the Constitution sets forth the powers of Congress in specific language. Section 8 states, "Congress shall have Power … To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Laws aren't simply conjured out of thin air, of course. Any senator or congressman may introduce a bill, after which it is referred to the appropriate legislative committee for hearings. The committee, in turn, debates the measure, possibly offering amendments, then voting on it. If approved, the bill heads back to the chamber from which it came, where the full body will vote on it. Assuming lawmakers approve the measure, it will be sent to the other chamber for a vote.

Once the measure clears Congress, it is ready for the president. If both bodies have approved legislation that differs, it must be resolved in a joint congressional committee before being voted on again by both chambers. The legislation then goes to the White House, where the president may either sign it into law or veto it. Congress, in turn, has the power to override a presidential veto with a two-thirds majority in both chambers.

In addition, Congress has the power to amend the Constitution, though this is a long and arduous process. Both chambers must approve the proposed constitutional amendment by two-thirds majority, after which the measure is sent to the states. The amendment must then be approved by three-quarters of state legislatures.

Congress also has financial powers. In addition to the power to coin money, Congress is charged with assessing and collecting taxes. It also regulates commerce, both among the states and with foreign nations.

The power to raise and maintain armed forces is the responsibility of Congress, and it has the power to declare war. The Senate, but not the House of Representatives, has the power to approve treaties with foreign governments, as well.

Congress keeps the mail moving by establishing post offices and the infrastructure to keep them going. It also appropriates funds for the judicial branch. Congress can establish other agencies to keep the country running smoothly as well. Bodies such as the Government Accountability Office and the National Mediation Board ensure that the monetary appropriations and the laws that Congress passes are applied properly. Congress can also investigate pressing national issues, famously holding hearings in the 1970s to investigate the Watergate burglary that ultimately ended the presidency of Richard Nixon, and it is charged with supervising and providing a balance for the executive and judicial branches.

Each house has some exclusive duties as well. The House can initiate laws that require people to pay taxes and can decide whether public officials should be tried if accused of a crime. Representatives are elected to two-year terms, and the Speaker of the House is second in line to succeed the president after the vice president.The Senate is responsible for confirming presidential appointments of Cabinet members, federal judges and foreign ambassadors. The Senate also tries any federal official accused of a crime, once the House determines that a trial is in order. Senators are elected to six-year terms; the vice president presides over the Senate and has the right to cast the deciding vote in the event of a tie.

Phaedra Trethan is a freelance writer who also works as a copy editor for the Camden Courier-Post. She formerly worked for the Philadelphia Inquirer, where she wrote about books, religion, sports, music, films and restaurants.

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