Presidential and Congressional Powers in the Simplest

Presidential and Congressional Powers

In the simplest of terms, the differences in powers between Congress and the President is that Congress makes laws and the President enforces them. But, that description does a great injustice to the complexities of the roles of each. Congress is granted "all legislative powers" by Article I, Section 8 of the Constitution. Those powers include the making of laws, coining money, declaring war, regulating interstate and foreign commerce, and maintaining the military. The powers of the President (Executive Branch) are outlined in Article II of the Constitution. They include the power of appointment and removal, the creation of executive orders, limited legislative powers, veto power, pardoning power, power to make treaties, and military powers separate from those of Congress. Both sets of powers, in conjunction with the Judicial Branch, form a balance of powers within the Federal Government. It is the purpose of this paper to examine, in more detail, the nature of the powers vested in Congress and the President.

CONGRESS

Congress is divided into two divisions, the House of Representatives and the Senate. Both houses have different powers but must jointly approve all legislation. Congress united has the responsibilities noted above. Additional powers include establishment of taxation and spending policies, the authority to investigate and oversee the Executive Branch, and the ability to hold hearings on matters that are of general public concern. The power to impeach the President, the power to approve Presidential treaties (Senate only), the ability to form and fund the military and to declare war are also granted to Congress.

The legislative process is divided into three forms of legislation: joint resolutions, acts, and treaties. The spirit of the powers of congress is to reflect the aggregate needs of the people through direct representation. Direct representation comes primarily from the House of Representatives (who are elected to 2-year terms) who have the greatest contact with their constituents and, due to their short terms, are considered to be less corruptible and swayed by other branches then perhaps is the Senate. The spirit of the congress then is to make laws and decisions that directly reflect the needs and best interests of the constituency.

The other, perhaps unnoticed, powers of congress include responsibility for the Post Office, enforcement and protection of patents, the ability to borrow money (move the economy into a deficit), to fix the value of currency, to prosecute crimes against international law, and to regulate all commerce. Again, these powers are given with the specific goal in mind to promote the function of the government and to establish a framework of law and order in which the entire nation can function (Federalist Papers, 52-61).

The President has the largest sway over domestic policy as well as over foreign policy. As the representative of the entire nation, the President is responsible for establishing trade, protection, and other agreements with other sovereign States (a power granted only to the Federal Government). The President sets the tone of diplomatic, military, and national security policy leadership. The Executive branch is responsible for the creation and subsequent management of all governmental offices not directly reporting to the Legislative or Judicial branches, which makes it the largest bureaucracy in the Federal Government.

PRESIDENT

The Office of the President is the head of the Executive Branch. As part of the checks and balances, the President has the right to veto legislation that comes out of the congress and the privilege of submitting names for the Supreme Court (on congress' approval). Legislatively, the President can promote or introduce an idea for legislation, but is barred from actually submitting legislation. While congress has the ability to make a law, laws do not go into effect until the President has signed off on them.

Where Congress can fund and form a military, the President is the Commander in Chief of all the armed forces. As such, he has the power to decide when and were military forces are sent and how they are employed. The significance of this power has been demonstrated in conflicts from Vietnam until now where the President has routinely utilized military powers to assert American will around the world without first getting the approval of congress. The President also has the power to grant reprieves and pardons, to make treaties, to create and manage agencies that form the various functional enforcement system (enforcement of legislation). The President is granted the power to appoint, under congressional review, individuals to the cabinet (Federalist Papers 67-77).