Powers of Congress

Question 1

what articles of the constitution regulates congress

Answer 1

article 1

Question 2

what does article 1 outline

Answer 2

Article 1 of the constitution outlines the powers
and functions of the federal Congress. It contains the enumerated federal powers, as well as the commerce clause providing flexibility.

Question 3

examples of gridlock

Answer 3

2013 and 2018/19 federal government shutdown
2016 Merrick Garland Supreme Court nomination
2018 American Health Care Act
2021 Build Back Better Act + For the People Act
Attempts at gun control under Obama, build the wall under Trump

Question 4

why was congress gridlocked on purpose

Answer 4

The founding fathers made Congress a powerful independent check on government, intended to limit the power of government and avoid tyranny.

Question 5

powers held by both houses

Answer 5

1. pass laws
2. override the president’s veto
3. Initiate and vote on constitutional amendments
4. Declaration of war
5. Power of Purse

Question 6

power to pass laws

Answer 6

both houses must vote in favour before a
bill becomes law
example -
1. The CARES Act votes 2020: Passed in the Senate unopposed - 96 votes for, 0 against, 4 abstentions. Passed in the House by ‘voice vote’ (without opposition)
2. The American Health Care Act 2018: failed, Second version: passed by House of Representatives (217 vs. 213) despite 20 moderate Republicans voting against 🡪
3 different amended versions of the bill all failed in the Senate

Question 7

override the presidents veto

Answer 7

the President can veto a law passed by Congress, but both houses can then override the President’s veto (2/3rd majority required)
Example:
1. On 12 September 2016 Congress passed the Justice Against Sponsors of Terrorism Act – allowing citizens to sue foreign governments for support of terrorism
On 23 September President Obama vetoed it.
On 28 September both houses overrode it with 2/3rd
2. In December 2020 both houses of Congress passed the annual Defense Authorization Act, approving the budget for the military
Three days later President Trump it because he objected against a provision in it that would allow the changing of the names of military bases named after Confederate generals from the Civil War
On 28 December and 1 January the House and Senate overrode the president’s veto with clear ⅔ majorities

Question 8

Initiate and vote on constitutional amendments:

Answer 8

both houses can initiate and have to vote on constitutional amendments (2/3rd majority required)
Example:
A Federal Marriage Amendment (banning same-sex marriage nationwide) was introduced in Congress four times between 2003 and 2008. It failed every time.

Question 9

Declaration of war

Answer 9

both houses of Congress have to agree on declarations of war
Example
The last time this happened was in 1941 when the US declared war on Japan and Germany. The recent ‘wars’ in Iraq and Afghanistan were no formally declared wars but ‘military actions’

Question 10

Power of the purse

Answer 10

Congress decides on the government’s budget
Example:
Disagreement in Congress about the federal government budget led to 35 days 2018/19 (and 2013) federal government shutdown
Both houses have the power of the purse – money bills have to be approved by both; however, money bills can only start in the House of Representatives

Question 11

Exclusive powers of the house of rep

Answer 11

Initiate impeachment
Elect the president in case of electoral college deadlock

Question 12

Initiate Impeachments

Answer 12

the House can accuse the president
of unlawful activities. This may lead to removal from office
Example:
1. In December 2019 the House of Representatives voted to impeach President Trump for bribery, abuse of power and
organising foreign interference in elections, when he asked the President of Ukraine to start an investigation for corruption into Joe Biden and his son.
2. In January 2021 the House of Representatives voted to impeach President Trump for incitement of insurrection,
because of his role in the attack on Congress.

Question 13

elect the president in case of electoral college deadlock

Answer 13

if the electoral college votes 269 vs 269 votes, the House of Representatives elects the President
Example: Only used twice, in 1800 and 1824

Question 14

Exclusive powers of the senate

Answer 14

Confrim Appointment
Ratify Treaties
Impeachment Trials
Elect VP

Question 15

confirm appointments

Answer 15

The Senate has to check and
confirm appointments to the Supreme Court and government ministers
Example: In 2016 Merrick Garland was nominated as Supreme Court judge by Obama but blocked by the Senate
2017: Trump’s cabinet nominee for Labor Secretary, Andrew Puzder, withdrew before Senate rejection

Question 16

ratify treaties

Answer 16

The Senate gets to approve all
international treaties with other countries negotiated by the president (2/3rd majority! required)
Example: 2009 New START treaty with Russia; 2013 UN Arms trade treaty

Question 17

Impeachment trial

Answer 17

Senate makes final judgment on
impeachment cases (2/3rd majority required)
Example: Trump’s first impeachment started by the House of Representatives in 2019: Senate judged him not guilty in 2020

Question 18

Elect VP

Answer 18

when the Electoral College is
deadlocked, the Senate elects the vice-president
Example: only time this happened was in 1837