Presidential and Congressional powers under the Constitution

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.

COMPARISON

Where these two branches differ is the scope of the job. While Congresses primary occupation is the creation of laws, it is the Executive branch's responsibility to enforce those laws. Understanding this point is critical. Congress can make all the laws they want to, but are barred from making sure people follow them. The President cannot make any law, but is able to enforce them through police and other similar agencies. Both branches together work toward creating and enforcing the structures that provide Americans with all of the benefits of Democracy.

Works Referenced

Hamilton, J. & Madison, J. "The Federalist Papers" 52-67, 70-77. Online. Internet. Avail http://www.shadeslanding.com/firearms/federalist.Info Acc: Dec 13, 2002.

Neustadt, Richard. Presidential Power and the Modern Presidents. Seattle: Free Press, 1991.