s, though they are not part of the formal structure of Congress. Lobbyists play a significant role in testifying before congressional hearings and in mobilizing opinion on select issues.
Many of the activities of Congress are not directly concerned with enacting laws, but the ability of Congress to enact law is often the sanction that makes its other actions effective. The general legal theory under which Congress operates is that legal authority is delegated to the president or executive departments and agencies and that the latter, in turn, are legally responsible for their actions. Congress may review any actions performed by a delegated authority; and in some areas of delegated legislation, such as in proposals for governmental reorganization, Congress must indicate approval of specific plans before they go into effect. Congress may also retain the right to terminate legislation by joint action of both houses.
Congress exercises general legal control over the employment of government personnel. Political control may also be exercised, particularly through the Senate's power to advise and consent to nominations. Neither the Senate nor the House of Representatives has any direct constitutional power to nominate or otherwise select executive or judicial personnel (although in the unusual event that the electoral college fails to select a president and vice-president, the two houses, respectively, are expected to do so). Furthermore, Congress does not customarily remove officials. Congress, however, does have the power of impeachment. In such proceedings the impeachment is made by the House of Representatives, and the case is tried before the Senate - a vote of two-thirds of the senators present is required for conviction.
The power to levy and collect taxes and to appropriate funds allows Congress considerable authority in fiscal matters. Although the president has the initial responsibility for determining the proposed level of appropriations, once estimates for the next fiscal year are submitted to Congress, a single budget bill is not enacted, but rather a number of appropriation bills for various departments and agencies are passed during the first six or seven months of a session.
In its nonlegislative capacity, Congress also has the power to initiate amendments to the Constitution, and it must determine whether the states should vote on a proposed amendment by state legislatures or by special state conventions. Finally, Congress has the right to investigate any subject that affects its powers. Congressional investigating committees may call witnesses and require them to produce information. These committees may also be given the power that persons who deliberately block the legislative process may be charged with contempt of Congress and may be issued warrants for their arrests. br/>
Powers of Congress
Congress has no general legislative power such as is enjoyed by the British Parliament, and to a lesser degree by the legislatures of the American states; it has only such functions and authority as are expressly conferred on it by the Constitution or are implied in the Constitution. Many of the express powers are defined in Article I, Section 8. Among these are the power "to lay and collect taxes," "Borrow money on the credit of the United States," "regulate commerce with foreign nations and among the several States, "" coin money, "" establish post offices, "" declare war, "" raise and support armies, "and" make all laws " necessary for the execution of its own powers and "all other powers vested by this Constitution in the government of the United States. "This section also empowers Congress to administer the District of Columbia, which contains the seat of the federal government. Other express powers are conferred on Congress in other articles of the Constitution. Among the implied powers of Congress is the right to establish legislative machinery to give effect to its express powers.
In most respects the two houses of Congress have an equal role in the enactment of legislation, but a number of functions are reserved by the Constitution to each house. The confirmation of presidential appointments, by a simple majority of those voting, and the consent to treaties, by a two-thirds majority of those voting, is reserved to the Senate. The Senate also has "the sole power to try all impeachments, "which, however, may be initiated only by the House of Representatives. Only the House may initiate revenue bills. br/>
Limitations and Restrictions
Important limitations on the powers vested in Congress are defined in Article I, Section 9, and in the first ten amendments to the Constitution, known as the Bill of Rights. These limitations are primarily in the form of general prohibitions against the abridgment or destruction of fundamental rights.
Apart from these limitations and a number of others fo...
