The Legislative Powers of The Congress

Framers of United States’ constitution designed an enduring document that addressed existing problems during their times and established guiding principles for future generations in an uncertain future. Federalist No. 39 by James Madison attempts to define the established forms of government. Madison notes that the government, through its adoption of the Constitution, should derive its powers from the people via elections and not from a privileged class (Hamilton, John, and James 276). Federalist No. 39 also notes that the Constitution combines federal and national aspects in its authoritative mode of adopting amendments, foundation, and source as well as the operation of ordinary powers. However, Federalist No. 15 by Hamilton warns that using a collective approach in formulating legislations for states could result in chaos.

Moreover, carrying out sentences for disobedience against rogue states would require coercion of arms, magistracy, or military force, and this would demean the necessity of the government (Hamilton, John, and James 107). Federalist No. 47 advocates for the separation of powers in the proposed governance structure to prevent tyrannical leadership (Hamilton, John, and James 354). Instead, the different arms of the government were to blend and distribute power evenly to maintain the importance of the judiciary, executive, and legislature. I concur with Federalist No. 48 that notes that the three government arms should retain their distinction while working as interconnected entities by maintaining constitutional control or oversight roles over each other. Moreover, I agree that the different arms of the government should have enough checks and balances to avoid misuse of power or domination of one department over the others as suggested in Federalist No. 51.

Congress

Article 1 defines the mandates and composition of the Congress as well as the election of its members. The United States Congress has critical functions in enhancing the functioning of the Constitution, and its primary roles include formulating laws and oversight over the executive. The American Constitution grants the Congress several powers that include impeachment, investigatory, and disciplinary powers among others. The Congress also has powers to make war and commerce treaties although the lawmakers must practice due precaution in their decisions (Hamilton, John, and James 471). Federalist No. 65 focuses on the Congress’s impeachment powers and notes that the impeachment process should proceed against public officials who violate public trust or abuse their powers (Hamilton, John, and James 479). The Constitution describes the procedures of impeaching sitting presidents or other public officials of high standing and the reasons for eliminating the Supreme Court from in joining the Congress in hearing such cases. Nonetheless, Federalist No. 65 notes that neither the Congress nor the Supreme Court has sufficient independence to pass judgments on political misconduct. Federalist No. 66 addresses several dissents against the Congress’s role in impeaching officials.

The Nixon v. United States case is an example of an incident that questioned the Congress’s jurisdiction in impeaching public officials. However, the Congress reigned supreme in the issue following the justification that the separation of powers ruled out the Courts determining the impeachment cases. The United States Supreme Court upheld the Congress’s decision to impeach Powell in the Powell v. McCormack case by noting the exclusive rights and qualifications of House of Representatives’ members as ordained in Article 1. The court noted that Powell’s objections were moot due to the political question involved in the case and the Congress’s disciplinary powers. The Supreme Court also supported the Congress’s investigatory powers and role in compelling witnesses to offer testimonies before Senate committees in the McGrain v. Daugherty case. Finally, the Supreme Court noted that the Congress members enjoyed immunities prescribed in the Speech or Debate Clause although it noted that activities outside the precinct of the legislature were not exempted from prosecution in the McGrain v. Daugherty case.

Lawmaking

Lawmaking is undoubtedly the most critical role played by the Congress as prescribed in the Constitution. The framers of the Constitution understood that the separation of power doctrine would create competition for influence over important matters of national importance. Federalist No. 73 notes that the Congress should support the executive and judiciary by using their discretionary powers responsibly to avoid rendering the President or Chief Magistrate obsequious to their demands (Hamilton, John, and James 537). Moreover, Hamilton, John, and James observe that the Constitution grants the President discretionary powers in serious issues such as sedition (548). The INS v. Chadha case raised questions on whether a violation had occurred against the separation of powers doctrine in vetoing the decision to deport Chadha. I agree that a violation had occurred because the legislative veto decision had ignored the bicameralism principle in the legislature. Furthermore, Article 1 Section 7 grants the President powers to approve or reject Bills presented by the Congress.

Legislative Powers

The Congress has the responsibility of formulating laws and altering or repealing them depending on existing circumstances or requirements. Article 1 Section 8 grants the Congress Enumerated Powers to impose and collect duties, taxes, excises and imposts, repay debts, and budget for the United States’ defense for the nation’s wellbeing. Section 8 also controls trade with foreign nations, sets rules for bankruptcies, regulates the value of money, and prescribes punishments for counterfeiting among others. Federalist No. 41 highlights the importance of having a unified military force to protect the United States’ interests from foreign interferences or intrusions (Hamilton, John, and James 296). Additionally, Federalist No. 41 argues that unity among the states as a requirement for sustaining federalism. Federalist No. 42 focuses on international relations including the representation of the United States through its ambassadors, foreign commerce, and piracy (Hamilton, John, and James 307).

Federalist No. 31 governs taxation laws and grants the Congress to implement such legislations to regulate foreign and domestic commerce. Thus, Federalist No. 31 describes one example of Congress’s legislative powers. Additionally, the section allows different states to maintain authority over taxation to enable them to raise revenue although exemptions exist on export and import duties to avoid inconveniences. The McCulloch v. Maryland case was important because the ruling denied the state of Maryland from taxing a second bank created by the Congress through Article 1 Section 8’s Necessary and Proper Clause. The Gibbons v. Ogden case presented another important ruling that reinforced the Congress’s commerce power. The Supreme Court noted that the Commerce Clause granted the Congress the monopoly of regulating interstate and international commerce, and this gave the federal government the liberty to control navigation. The ruling was crucial at the time because water transport was critical for commerce and there was the need to ensure that states with access to international waters would not place the landlocked states at a disadvantage through restrictions on trade.

Work Cited

Hamilton, Alexander, John Jay, and James Madison. The Federalist Papers. The Floating Press, 2011.