1.2 Functions and responsibilities of Congress
4 min read•july 30, 2024
Congress plays a vital role in our government, creating laws and shaping policies that affect the entire nation. From declaring war to regulating commerce, its powers are extensive and impactful. Congress represents the people's interests and keeps the executive branch in check.
The legislative process is complex, involving committees, debates, and votes in both chambers. Congress also oversees the executive branch, investigates issues, and controls the federal budget. These functions are crucial to maintaining our system of checks and balances.
Congress's Functions in Government
Legislative Branch Responsibilities
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- The U.S. Congress is the legislative branch of the federal government, consisting of the House of Representatives and the Senate
- Responsible for creating and passing laws that apply to the entire country
- Represents the interests of their constituents and works to address issues of national importance
- Shapes public policy through legislative actions and public statements
Specific Powers and Authorities
- Power to declare war, raise and support armies, and make rules for the military
- Authority to coin money, regulate commerce, and establish post offices
- Provides of the executive branch, including the power to investigate and subpoena witnesses
- Power to impeach and remove federal officials, including the President, from office
- Senate has the unique power to ratify treaties and confirm presidential appointments (Cabinet members, federal judges, ambassadors)
Legislation Creation and Passage
Introduction and Committee Consideration
- Legislation can be introduced in either the House or the Senate, with the exception of revenue which must originate in the House
- Members of Congress can introduce bills, , and amendments
- The legislative process typically begins with a bill being referred to a committee for review and consideration
- Committees can hold hearings, mark up legislation, and vote on whether to send a bill to the full chamber for consideration
Floor Debate and Voting
- Once a bill reaches the floor of the House or Senate, it is debated and voted on by the full chamber
- In the House, debate is typically limited by the Rules Committee
- The Senate allows for more open debate, including the use of the
- If a bill passes one chamber, it is sent to the other chamber for consideration
- If the second chamber makes changes to the bill, it must be sent back to the first chamber for approval of those changes
Presidential Action
- Once a bill has passed both chambers of Congress in identical form, it is sent to the President for signature or veto
- If the President vetoes a bill, Congress can override that veto with a two-thirds vote in both chambers
Congressional Oversight and Investigations
Oversight Role and Powers
- Congress has the power to oversee and investigate the actions of the executive branch, including the President and federal agencies
- This oversight role is an important check on the power of the executive branch
- Congress has the power to subpoena witnesses and documents as part of its investigative powers
- Allows Congress to compel individuals to testify or provide information, even if they are unwilling to do so voluntarily
Committees and Hearings
- Congressional committees can hold hearings to gather information and question witnesses about issues of national importance or the actions of federal agencies
- These hearings can be used to inform legislative action or to bring public attention to an issue
- The House and Senate each have committees dedicated to oversight and investigation (House Oversight and Reform Committee, Senate Homeland Security and Governmental Affairs Committee)
- Congress can also establish special committees or commissions to investigate specific issues or events (9/11 Commission, Select Committee on Benghazi)
Congress's Role in the Budget
Power of the Purse
- The Constitution gives Congress the , meaning it has the authority to tax and spend public money for the national government
- This power is a key check on the executive branch
Budget Process and Appropriations
- The federal budget process begins with the President submitting a budget request to Congress, typically in February, outlining priorities and proposed spending levels for federal agencies and programs
- Congress then works to create a budget resolution, which sets overall spending levels and revenue targets (not signed by the President, does not have the force of law, guides appropriations process)
- The House and Senate Appropriations Committees are responsible for drafting legislation to fund the government, known as appropriations bills, specifying how much money will be spent on specific programs and agencies
- Congress must pass appropriations bills before the start of the new fiscal year on October 1st to avoid a government shutdown
- If Congress cannot agree on appropriations bills, it may pass a continuing resolution to temporarily fund the government at current levels
Long-Term Fiscal Policy
- In addition to the annual appropriations process, Congress also has a role in setting long-term fiscal policy
- Changes to mandatory spending programs (Social Security, Medicare)
- Changes to the tax code
Key Terms to Review (18)
Appropriations Committee: The Appropriations Committee is a powerful committee in Congress responsible for determining the allocation of federal funds to various government agencies and programs. This committee plays a crucial role in shaping fiscal policy, as it decides how taxpayer money is spent and prioritizes funding requests based on the government's budgetary needs.
Bills: Bills are formal proposals for new laws or amendments to existing laws presented for debate and approval in Congress. They serve as a critical mechanism through which legislators address issues, propose solutions, and enact policies that reflect the needs and interests of their constituents. The process of how bills are crafted, debated, and ultimately voted on is fundamental to understanding the legislative responsibilities and the dynamic relationship between Congress and public opinion.
Budgeting: Budgeting is the process of creating a plan to allocate financial resources in a way that reflects priorities and goals. It plays a critical role in government operations, particularly in Congress, where it is essential for determining how public funds are raised and spent. This planning process ensures accountability and transparency in how taxpayer dollars are used to support various programs and services.
Cloture: Cloture is a procedural mechanism in the U.S. Senate used to end a filibuster and bring a debate to a close, allowing the Senate to move forward with voting on a bill or nomination. This process is crucial for maintaining order and efficiency in legislative proceedings, especially when dealing with controversial issues that could lead to prolonged debates.
Commerce Clause: The Commerce Clause is a provision in the United States Constitution that grants Congress the power to regulate commerce among the states, with foreign nations, and with Native American tribes. This clause is crucial because it establishes Congress's authority to manage economic activity across state lines and plays a significant role in determining the scope of federal power in relation to states.
Conference committee: A conference committee is a temporary panel composed of members from both the House of Representatives and the Senate, formed to reconcile differences in legislation that has passed both chambers. This process ensures that a unified version of a bill is produced before it is sent to the President for approval, highlighting the collaborative nature of the legislative process.
Delegate model: The delegate model is a theory of representation where elected officials act primarily as representatives of their constituents' interests, making decisions based on the preferences of the people they serve. This approach emphasizes that lawmakers should closely follow the views and desires of their constituents rather than relying on their own judgment or expertise. By prioritizing the opinions of the public, the delegate model connects directly to how Congress functions and interacts with public opinion.
Filibuster: A filibuster is a legislative tactic used in the Senate to delay or obstruct a vote on a bill or nomination by extending debate. This strategy allows minority parties or individual senators to prolong discussions, often to force compromise or to highlight opposition, effectively utilizing their power within the chamber's rules.
Judiciary Committee: The Judiciary Committee is a key committee within the United States Congress, primarily responsible for overseeing the judicial system and considering legislation related to the judiciary. This committee plays a vital role in reviewing judicial nominations, proposing amendments to legislation, and addressing legal issues that affect the functioning of the federal courts. Its responsibilities are crucial in shaping the country's laws and ensuring that judicial appointments align with the values of Congress.
Lawmaking: Lawmaking is the process through which legislative bodies create, amend, or repeal laws that govern a society. This essential function involves drafting proposals, debating them, and voting on their adoption, reflecting the interests and needs of the public while balancing various political pressures and influences. The outcome of lawmaking not only shapes legal frameworks but also determines how government operates and interacts with citizens.
Majority Leader: The majority leader is the head of the majority party in either the House of Representatives or the Senate, responsible for leading party strategy, managing legislative priorities, and coordinating the efforts of party members. This role is crucial for guiding legislation through Congress and ensuring that the party's agenda is advanced.
Mark-up: Mark-up is the process by which congressional committees review and revise proposed legislation before it goes to the full chamber for a vote. This crucial step allows members to debate the merits of the bill, propose amendments, and make adjustments to its language, ultimately shaping the final version that will be considered by Congress. Mark-up sessions play a vital role in ensuring that legislation reflects the priorities and concerns of committee members and their constituents.
Oversight: Oversight refers to the process by which Congress monitors and evaluates the actions and operations of the executive branch, ensuring that laws are implemented effectively and that federal agencies are held accountable. This function is critical for maintaining a system of checks and balances, as it empowers Congress to investigate, review, and influence executive actions.
Power of the Purse: The power of the purse refers to the constitutional authority granted to Congress to control government spending and taxation. This power allows Congress to influence fiscal policy and allocate funds for various programs and initiatives, making it a crucial tool for overseeing government activities and ensuring accountability.
Representing constituents: Representing constituents refers to the responsibility of elected officials to act on behalf of the individuals who voted for them and reside within their electoral district. This concept is foundational to the functioning of a democratic system, as it ensures that the views, needs, and interests of the people are voiced in government decisions and policies. Elected officials, primarily in Congress, must navigate the balance between their own judgment and the preferences of their constituents while considering broader national interests.
Resolutions: In the context of Congress, resolutions are formal expressions of opinion or intention that are used to address specific issues or to make decisions on certain matters. Resolutions can serve various purposes, including expressing sentiments, setting rules for internal procedures, or providing guidance on legislative priorities. They play a crucial role in the legislative process by allowing Congress to articulate positions on important issues without creating binding laws.
Speaker of the House: The Speaker of the House is the presiding officer of the United States House of Representatives, responsible for maintaining order, guiding legislation, and representing the House to the President and the Senate. This position is crucial in shaping congressional priorities and facilitating party leadership dynamics, making it a key role in the functioning of Congress.
Trustee model: The trustee model is a theory of representation in which elected officials are entrusted to make decisions based on their own judgment and expertise, rather than strictly adhering to the preferences of their constituents. This model emphasizes the responsibility of representatives to consider the greater good and act in the best interest of the public, even if it means going against popular opinion. This approach reflects a key tension in governance, balancing the will of the people with informed decision-making.