American Congress its Powers & Functions
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The Powers of Congress
The framers of the Constitution intended Congress to be the preeminent branch of government, sitting at the center of national power. As a result, Congress wields significant but limited power.
Powers Granted by the Constitution
The Constitution enumerates some powers that Congress has but also specifies some powers that Congress does not have.
Enumerated
Enumerated powers, or the expressed powers, are powers the Constitution explicitly grants to Congress, including the power to declare war and levy taxes.
Implied Powers
Article I, Section 8, of the Constitution also contains the necessary and proper clause, or the elastic clause, which gives Congress extra powers. As interpreted by the Supreme Court in McCulloch v. Maryland (1819), this clause means that Congress can assume other powers and pass laws in order to fulfill its duties. The powers granted by the necessary and proper clause are called implied powers.
Limits on Congress
Article I, Section 9, of the Constitution places three important limits on Congress and its powers. Congress cannot
- pass ex post facto laws, which outlaw acts after they have already been committed.
- pass bills of attainder, which punish individuals outside of the court system.
- suspend the writ of habeas corpus, a court order requiring the federal government to charge individuals arrested for crimes. Congress can only suspend the writ of habeas corpus during times of national emergency.
Power in a Bicameral Legislature
The House of Representatives and the Senate must jointly decide to exercise most of the powers granted to Congress. When Congress declares war, for example, both houses must pass the exact same declaration. Similarly, both houses must pass identical versions of the same law before the law can take effect. There are some exceptions, however, in which the House and the Senate wield power alone.
Unique Powers of the House
The Constitution gives the House of Representatives a few unique powers, including the power to do the following:
- Propose all tax bills.
- Impeach a federal official. Impeachment is the process of formally charging a government official with an offense serious enough to warrant removal from office.
Unique Powers of the Senate
The Constitution also grants the Senate a few unique powers, including the power to do the following:
- Approve presidential appointments to key federal offices
- Confirm all federal judicial appointments
- Ratify treaties
- Try impeached officials
Example: The Senate acquitted both Andrew Johnson and Bill Clinton during their respective impeachment trials (in 1868 and 1999, respectively), so the presidents remained in office.
The Functions of Congress
Congress has five main functions: lawmaking, representing the people, performing oversight, helping constituents, and educating the public.
Lawmaking
The primary function of Congress is to pass rules that all Americans must obey, a function called lawmaking. Congress deals in a huge range of matters, from regulating television to passing a federal budget to voting on gun control. Many of the bills considered by Congress originate with the executive branch, but only Congress can create laws. Parties, interest groups, and constituents all influence members of Congress in their vote choices, and members also compromise and negotiate with one another to reach agreements. A common practice is logrolling, in which members agree to vote for one another’s bills. For more on lawmaking, see “The Legislative Process” section later in this chapter.
Representing the People
Congress represents the people of the United States. Members serve their constituents, the people who live in the district from which they are elected. The old adage that “all politics is local” applies to Congress: Members must please their constituents if they want to stay in office, and every issue must therefore be considered from the perspectives of those constituents. There are three theories of representation, or how people choose their representatives: trustee representation, sociological representation, and agency representation.
Trustee Representation
According to the theory of trustee representation, the people choose a representative whose judgment and experience they trust. The representative votes for what he or she thinks is right, regardless of the opinions of the constituents. Because the constituents trust their representative’s judgment, they will not be angry every time they disagree with the representative. A constituent who views his or her representative as a trustee need not pay close attention to political events. For key issues, the constituent likely monitors the representative’s votes, but for other matters, the constituent likely trusts the representative and does not monitor votes too closely.
Sociological Representation
According to the theory of sociological representation, the people choose a representative whose ethnic, religious, racial, social, or educational background resembles their own. Because the views of people with similar backgrounds tend to be similar, the representative will act in ways that suit his or her constituents. Thus, constituents do not need to monitor their representatives too closely.
Agency
Representation According to the theory of agency representation, the people choose a representative to carry out their wishes in Congress. If the representative does not do what the constituents want, then the constituents “fire” the member by electing someone else in the next election. Those who view their representatives as agents tend to closely monitor their representatives because they must know what the representative does in order to keep him or her accountable. This theory is also known as the instructed-delegate representation.
The Representativeness of Representatives
On average, members of Congress do not resemble their constituents. The typical congressperson is a white Protestant male, a lawyer by profession, and wealthier than the average citizen. The number of women, African Americans, and Hispanics has increased substantially since 1990, but women and minorities are still proportionally underrepresented. The following chart compares the population of the United States to the members of Congress (data taken from the 2000 census and the 108th Congress).
| Characteristic | U.S. Population | House | Senate |
| Median Age | 35.3 | 54 | 59.5 |
| Percentage of Minorities | 24.9 | 15.4 | 3 |
| Percentage of Women | 50.9 | 14.3 | 14 |
| Percentage of Population with Assets Worth $1 Million or More | 0.7 | 16 | 33 |
